[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2954 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2954

  To strengthen enforcement of immigration laws, and gain operational 
 control over the borders of the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2007

 Mr. King of New York (for himself, Mr. Smith of Texas, Mr. McCaul of 
    Texas, Mr. Daniel E. Lungren of California, Mr. David Davis of 
    Tennessee, Mr. Bilbray, Mr. Gallegly, Mr. Young of Florida, Mr. 
 Gingrey, Mrs. Myrick, Mr. Poe, Mr. Deal of Georgia, Mrs. Cubin, Mrs. 
 Emerson, Mr. Marchant, Mr. Neugebauer, Mr. Bartlett of Maryland, Mr. 
 McCotter, Mr. Carter, Mr. Cantor, Mr. Forbes, Mr. Miller of Florida, 
    Mr. Franks of Arizona, Mr. Kline of Minnesota, Mr. Campbell of 
 California, Mr. Shays, Mr. Dreier, Mr. Wilson of South Carolina, Mr. 
 Gary G. Miller of California, and Mr. Blunt) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
   addition to the Committees on Homeland Security, Ways and Means, 
Education and Labor, and Oversight and Government Reform, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To strengthen enforcement of immigration laws, and gain operational 
 control over the borders of the United States, 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.

    This Act may be cited as the ``Secure Borders FIRST (For Integrity, 
Reform, Safety, and Anti-Terrorism) Act of 2007''.

                        TITLE I--BORDER SECURITY

SEC. 101. ACHIEVING OPERATIONAL CONTROL OF THE BORDERS.

    (a) In General.--Not later than December 31, 2013, the Secretary of 
Homeland Security shall achieve operational control of the 
international land and maritime borders of the United States by 
carrying out the following:
            (1) Deploying along such borders physical infrastructure 
        enhancements, including additional checkpoints, all weather 
        access roads, fencing, and vehicle barriers to gain operational 
        control over such borders and to facilitate access to such 
        borders by United States Customs and Border Protection.
            (2) Expediting the requirements of the Secure Fence Act of 
        2006 (Public Law 109-347), including the amendments made by 
        such Act to section 102(b) of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 
        U.S.C. 1103 note) (relating to the construction of reinforced 
        fencing and other security improvements in the border area from 
        the Pacific Ocean to the Gulf of Mexico).
            (3) Conducting systematic surveillance of the international 
        land and maritime borders of the United States through more 
        effective use of personnel and technology, such as unmanned 
        aerial vehicles, ground-based sensors, satellites, radar 
        coverage, and cameras.
    (b) Definition.--In this section, the term ``operational control'' 
means the prevention of all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband.

SEC. 102. BORDER PATROL AGENTS.

    (a) Deadline.--Not later than December 31, 2008, the Secretary of 
Homeland Security shall ensure that the Border Patrol has not fewer 
than 18,000 Border Patrol agents and sufficient support staff for such 
agents, including mechanics, administrative support, and surveillance 
personnel.
    (b) Fiscal Years 2009 and 2010.--In fiscal years 2009 and 2010, the 
Secretary of Homeland Security shall increase by not less than 2,000 
the number of positions for full-time active-duty Border Patrol agents 
within the Department of Homeland Security above the number of such 
positions existing in the preceding fiscal year.

SEC. 103. INCREASE IN PORT OF ENTRY STAFFING.

    For each of fiscal years 2008, 2009, 2010, and 2011, the Secretary 
of Homeland Security shall increase by not fewer than 250 the number of 
Customs and Border Protection officers at United States ports of entry 
over the number of such officers at such ports for the preceding year.

SEC. 104. REVIEW OF BORDER SECURITY POLICIES AND PROCEDURES.

    (a) Establishment of Task Force To Reform Border Patrol Policies.--
(1) Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security, acting through the Commissioner of 
United States Customs and Border Protection, shall establish a task 
force to examine the policies and procedures of the Border Patrol as 
they pertain to--
            (A) the use of deadly force which is defined as any force 
        that is likely to cause death, or serious bodily injury as that 
        term is defined in section 924(c)(2) of title 18 of the United 
        States Code; and
            (B) the pursuit of fleeing vehicles.
    (2) The task force shall consider the current policies and 
procedures for the use of deadly force and the pursuit of fleeing 
vehicles in every aspect of the mission of the United States Border 
Patrol, especially in deterring--
            (A) human trafficking or smuggling;
            (B) ``drug trafficking crime'' as that term is defined in 
        section 924(c)(2) of title 18, United States Code; and
            (C) any ``crime of violence'' as that term is defined in 
        section 16 of title 18, United States Code.
    (b) Composition of Task Force.--The task force established under 
subsection (b) shall be composed of individuals from the following:
            (1) Representatives from State and local law enforcement 
        agencies from jurisdictions along the northern or southern 
        international borders of the United States.
            (2) The National Border Patrol Council.
            (3) The National Association of Former Border Patrol 
        Officers.
            (4) Human rights groups with experience regarding aliens 
        who cross the international land borders of the United States.
            (5) Any group that the Commissioner determines would 
        contribute to the examination of the policies described in 
        subsection (b).
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Commissioner shall submit to the Committee 
on Homeland Security of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the Senate a report 
summarizing the findings and recommendations of the task force. The 
Commissioner shall include in such report an appendix, containing 
statements from any individual, official, or group that objects to the 
findings or recommendations contained in the report.

SEC. 105. IMPLEMENTATION OF US-VISIT.

    (a) Findings.--The Congress finds the following:
            (1) Recognizing that the United States needed a border 
        management system, Congress passed the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (Public Law 
        104-208) which directed the Attorney General, later amended to 
        the Secretary of Homeland Security, to develop an automated 
        entry and exit control system to collect records of arrival and 
        departure from every foreign visitor entering and leaving the 
        United States.
            (2) Concerned that little progress had been made, Congress 
        passed the Data Management Improvement Act of 2000 (Public Law 
        106-215) which set specific deadlines for the implementation of 
        the entry and exit control system for all air and seaports by 
        December 31, 2003, for the 50 largest land border ports of 
        entry by December 31, 2004, and for all remaining ports of 
        entry by December 31, 2005.
            (3) After the terrorist attacks of September 11, 2001, 
        Congress again addressed the entry- and exit- system during 
        consideration of the USA Patriot Act of 2001 (Public Law 107-
        56), which required that the system include the use of 
        biometrics and be able to interface with law enforcement 
        databases to identify and detain individuals who pose a threat 
        to national security.
            (4) The Department of Homeland Security has implemented a 
        portion of requirements for the entry and exit system to 
        include the collection of biometric information upon entry into 
        the United States at all air, sea, and land ports of entry. 
        However, the Department has not fulfilled the existing mandates 
        for the exit portion to be deployed.
            (5) Four of the al-Qaeda members that carried out the 
        September 11, 2001, terrorist attacks remained in the country 
        after their visa expired.
            (6) Lacking a functioning biometric exit system leaves the 
        United States at risk for individuals to enter the United 
        States, remain in the country with impunity past their 
        authorized stay, and conduct terrorist fundraising and attacks.
    (b) Airport and Seaport Exit Implementation.--Not later than 
December 31, 2008, the Secretary of Homeland Security shall complete 
the exit portion of the integrated entry and exit data system (commonly 
referred to as the ``United States Visitor and Immigrant Status 
Indicator Technology system'' or ``US-VISIT'') required under section 
110 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1365a) for aliens arriving in or departing from the 
United States at an airport or seaport.
    (c) Land Exit Implementation.--The Secretary of Homeland Security 
shall develop a strategy for implementation of exit portion of the 
integrated entry and exit data system (commonly referred to as the 
``United States Visitor and Immigrant Status Indicator Technology 
System'' or ``US-VISIT'') referred to under section 110 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1365a) for aliens departing from the United States at a land port of 
entry. The Secretary shall implement the system not later than December 
31, 2008.

SEC. 106. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN 
              PORTS OF ENTRY.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, an alien who attempts to unlawfully enter the 
United States and is apprehended at a United States port of entry or 
along the international land and maritime borders of the United States 
shall be detained until removed or a final decision granting admission 
has been made, unless the alien--
            (1) is permitted to withdraw an application for admission 
        under section 235(a)(4) of the Immigration and Nationality Act 
        (8 U.S.C. 1225(a)(4)) and immediately departs from the United 
        States pursuant to such section; or
            (2) is paroled into the United States by the Secretary of 
        Homeland Security for urgent humanitarian reasons or 
        significant public benefit in accordance with section 
        212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)).
    (b) Rules of Construction.--
            (1) Asylum and removal.--Nothing in this section shall be 
        construed as limiting the right of an alien to apply for asylum 
        or for relief or deferral of removal based on a fear of 
        persecution.
            (2) Treatment of certain aliens.--The mandatory detention 
        requirement of subsection (a) shall not apply to any alien who 
        is a native or citizen of a country in the Western Hemisphere 
        with whose government the United States does not have full 
        diplomatic relations.
            (3) Discretion.--Nothing in this section shall be construed 
        as limiting the authority of the Secretary of Homeland 
        Security, in the Secretary's sole unreviewable discretion, to 
        determine whether an alien described in clause (ii) of section 
        235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1225(b)(1)(B)) shall be detained or released after a finding of 
        a credible fear of persecution (as defined in clause (v) of 
        such section).

SEC. 107. EXPEDITED REMOVAL.

    (a) In General.--Section 235(b)(1)(A)(iii) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(A)(iii)) is amended--
            (1) in subclause (I), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security'' each place it 
        appears; and
            (2) by adding at the end the following new subclause:
                            ``(III) Exception.--Notwithstanding 
                        subclauses (I) and (II), the Secretary of 
                        Homeland Security shall apply clauses (i) and 
                        (ii) of this subparagraph to any alien (other 
                        than an alien described in subparagraph (F)) 
                        who is not a national of a country contiguous 
                        to the United States, who has not been admitted 
                        or paroled into the United States, and who is 
                        apprehended within 100 miles of an 
                        international land border of the United States 
                        and within 14 days of entry.''.
    (b) Exceptions.--Section 235(b)(1)(F) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by striking ``who 
arrives by aircraft at a port of entry'' and inserting ``, and who 
arrives by aircraft at a port of entry or who is present in the United 
States and arrived in any manner at or between a port of entry''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to all 
aliens apprehended on or after such date.

SEC. 108. DENIAL OF ADMISSION TO NATIONALS OF COUNTRY DENYING OR 
              DELAYING ACCEPTING ALIEN.

    Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 
1253(d)) is amended to read as follows:
    ``(d) Denial of Admission to Nationals of Country Denying or 
Delaying Accepting Alien.--Whenever the Secretary of Homeland Security 
determines 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 from the United States, the Secretary, 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 who was ordered removed.''.

SEC. 109. ALIEN TRANSFER AND REIMBURSEMENT AUTHORITY.

    (a) Transfer to Federal Custody.--The Secretary of Homeland 
Security shall require appropriate personnel from the Department of 
Homeland Security to respond within 24 hours in person to all requests 
made by a State, or political subdivision of a State, participating in 
the program described in section 287(g) of the Immigration and 
Nationaltiy Act (8 U.S.C. 1357(g)) that the Secretary take into custody 
an alien, if the Secretary has confirmed that the alien is unlawfully 
present in the United States.
    (b) Reimbursement of Costs.--If the Secretary fails to carry out 
subsection (a), the Secreary shall be responsible for the detention 
costs incurred by the State or political subdivision as a result of 
such failure.

SEC. 110. MANDATORY MINIMUM SENTENCE FOR REENTRY OF CERTAIN ALIENS.

    (a) Entry of Alien at Improper Time or Place.--Section 275(a) of 
the Immigration and Nationality Act (8 U.S.C. 1325(a)) is amended by 
adding at the end the following: ``In the case of a third or subsequent 
offense, the alien shall be imprisoned not less than 3 months.''.
    (b) Reentry of Removed Alient.--Section 276(a) of such Act (8 
U.S.C. 1326(a)) is amended by adding at the end the following: ``In the 
case of a second or subsequent offense, the alien shall be imprisoned 
not less than 3 months.''.

                        TITLE II--PUBLIC SAFETY

               Subtitle A--Detention of Dangerous Aliens

SEC. 201. DETENTION OF DANGEROUS ALIENS.

    Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 
1231(a)) is amended--
            (1) by striking ``Attorney General'' each place it appears, 
        except for the first reference in paragraph (4)(B)(i), and 
        inserting ``Secretary of Homeland Security'';
            (2) in paragraph (1), by adding at the end of subparagraph 
        (B) the following:
                ``If, at that time, the alien is not in the custody of 
                the Secretary of Homeland Security (under the authority 
                of this Act), the Secretary shall take the alien into 
                custody for removal, and the removal period shall not 
                begin until the alien is taken into such custody. If 
                the Secretary transfers custody of the alien during the 
                removal period pursuant to law to another Federal 
                agency or a State or local government agency in 
                connection with the official duties of such agency, the 
                removal period shall be tolled, and shall begin anew on 
                the date of the alien's return to the custody of the 
                Secretary, subject to clause (ii).'';
            (3) by amending clause (ii) of paragraph (1)(B) to read as 
        follows:
                            ``(ii) If a court, the Board of Immigration 
                        Appeals, or an immigration judge orders a stay 
                        of the removal of the alien, the date the stay 
                        of removal is no longer in effect.'';
            (4) by amending paragraph (1)(C) to read as follows:
                    ``(C) Suspension of period.--The removal period 
                shall be extended beyond a period of 90 days and the 
                alien may remain in detention during such extended 
                period if the alien fails or refuses to make all 
                reasonable efforts to comply with the removal order, or 
                to fully cooperate with the Secretary of Homeland 
                Security's efforts to establish the alien's identity 
                and carry out the removal order, including making 
                timely application in good faith for travel or other 
                documents necessary to the alien's departure, or 
                conspires or acts to prevent the alien's removal 
                subject to an order of removal.'';
            (5) in paragraph (2), by adding at the end the following: 
        ``If a court, the Board of Immigration Appeals, or an 
        immigration judge orders a stay of removal of an alien who is 
        subject to an administratively final order of removal, the 
        Secretary, in the exercise of the Secretary's discretion, may 
        detain the alien during the pendency of such stay of 
        removal.'';
            (6) by amending paragraph (3)(D) to read as follows:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities, or perform affirmative 
                acts, that the Secretary of Homeland Security 
                prescribes for the alien, in order to prevent the alien 
                from absconding, or for the protection of the 
                community, or for other purposes related to the 
                enforcement of the immigration laws.'';
            (7) in paragraph (6), by striking ``removal period and, if 
        released,'' and inserting ``removal period, in the discretion 
        of the Secretary of Homeland Security, without any limitations 
        other than those specified in this section, until the alien is 
        removed. If an alien is released, the alien''; and
            (8) by redesignating paragraph (7) as paragraph (10) and 
        inserting after paragraph (6) the following:
            ``(7) Parole.--If an alien detained pursuant to paragraph 
        (6) is an applicant for admission, the Secretary of Homeland 
        Security, in the Secretary's discretion, may parole the alien 
        under section 212(d)(5) and may provide, notwithstanding such 
        section, that the alien shall not be returned to custody unless 
        either the alien violates the conditions of the alien's parole 
        or the alien's removal becomes reasonably foreseeable, but in 
        no circumstance shall such alien be considered admitted.
            ``(8) Additional rules for detention or release of certain 
        aliens who have made an entry.--The following procedures apply 
        only with respect to an alien who has effected an entry into 
        the United States. These procedures do not apply to any other 
        alien detained pursuant to paragraph (6):
                    ``(A) Establishment of a detention review process 
                for aliens who fully cooperate with removal.--For an 
                alien who has made all reasonable efforts to comply 
                with a removal order and to cooperate fully with the 
                Secretary of Homeland Security's efforts to establish 
                the alien's identity and carry out the removal order, 
                including making timely application in good faith for 
                travel or other documents necessary to the alien's 
                departure, and has not conspired or acted to prevent 
                removal, the Secretary shall establish an 
                administrative review process to determine whether the 
                alien should be detained or released on conditions. The 
                Secretary shall make a determination whether to release 
                an alien after the removal period in accordance with 
                subparagraph (B). The determination shall include 
                consideration of any evidence submitted by the alien, 
                and may include consideration of any other evidence, 
                including any information or assistance provided by the 
                Secretary of State or other Federal official and any 
                other information available to the Secretary of 
                Homeland Security pertaining to the ability to remove 
                the alien.
                    ``(B) Authority to detain beyond the removal 
                period.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security, in the exercise of the 
                        Secretary's discretion, without any limitations 
                        other than those specified in this section, may 
                        continue to detain an alien for 90 days beyond 
                        the removal period (including any extension of 
                        the removal period as provided in paragraph 
                        (1)(C)).
                            ``(ii) Specific circumstances.--The 
                        Secretary of Homeland Security, in the exercise 
                        of the Secretary's discretion, without any 
                        limitations other than those specified in this 
                        section, may continue to detain an alien beyond 
                        the 90 days authorized in clause (i)--
                                    ``(I) until the alien is removed, 
                                if the Secretary determines that there 
                                is a significant likelihood that the 
                                alien--
                                            ``(aa) will be removed in 
                                        the reasonably foreseeable 
                                        future; or
                                            ``(bb) would be removed in 
                                        the reasonably foreseeable 
                                        future, or would have been 
                                        removed, but for the alien's 
                                        failure or refusal to make all 
                                        reasonable efforts to comply 
                                        with the removal order, or to 
                                        cooperate fully with the 
                                        Secretary's efforts to 
                                        establish the aliens' identity 
                                        and carry out the removal 
                                        order, including making timely 
                                        application in good faith for 
                                        travel or other documents 
                                        necessary to the alien's 
                                        departure, or conspiracies or 
                                        acts to prevent removal;
                                    ``(II) until the alien is removed, 
                                if the Secretary of Homeland Security 
                                certifies in writing--
                                            ``(aa) in consultation with 
                                        the Secretary of Health and 
                                        Human Services, that the alien 
                                        has a highly contagious disease 
                                        that poses a threat to public 
                                        safety;
                                            ``(bb) after receipt of a 
                                        written recommendation from the 
                                        Secretary of State, that 
                                        release of the alien is likely 
                                        to have serious adverse foreign 
                                        policy consequences for the 
                                        United States;
                                            ``(cc) based on information 
                                        available to the Secretary of 
                                        Homeland Security (including 
                                        classified, sensitive, or 
                                        national security information, 
                                        and without regard to the 
                                        grounds upon which the alien 
                                        was ordered removed), that 
                                        there is reason to believe that 
                                        the release of the alien would 
                                        threaten the national security 
                                        of the United States; or
                                            ``(dd) that the release of 
                                        the alien will threaten the 
                                        safety of the community or any 
                                        person, conditions of release 
                                        cannot reasonably be expected 
                                        to ensure the safety of the 
                                        community or any person, and 
                                        either (AA) the alien has been 
                                        convicted of one or more 
                                        aggravated felonies (as defined 
                                        in section 101(a)(43)(A)) or of 
                                        one or more crimes identified 
                                        by the Secretary of Homeland 
                                        Security by regulation, or of 
                                        one or more attempts or 
                                        conspiracies to commit any such 
                                        aggravated felonies or such 
                                        identified crimes, if the 
                                        aggregate term of imprisonment 
                                        for such attempts or 
                                        conspiracies is at least 5 
                                        years; or (BB) the alien has 
                                        committed one or more crimes of 
                                        violence (as defined in section 
                                        16 of title 18, United States 
                                        Code, but not including a 
                                        purely political offense) and, 
                                        because of a mental condition 
                                        or personality disorder and 
                                        behavior associated with that 
                                        condition or disorder, the 
                                        alien is likely to engage in 
                                        acts of violence in the future; 
                                        or
                                            ``(ee) that the release of 
                                        the alien will threaten the 
                                        safety of the community or any 
                                        person, conditions of release 
                                        cannot reasonably be expected 
                                        to ensure the safety of the 
                                        community or any person, and 
                                        the alien has been convicted of 
                                        at least one aggravated felony 
                                        (as defined in section 
                                        101(a)(43)); or
                                    ``(III) pending a determination 
                                under subclause (II), so long as the 
                                Secretary of Homeland Security has 
                                initiated the administrative review 
                                process not later than 30 days after 
                                the expiration of the removal period 
                                (including any extension of the removal 
                                period, as provided in subsection 
                                (a)(1)(C)).
                    ``(C) Renewal and delegation of certification.--
                            ``(i) Renewal.--The Secretary of Homeland 
                        Security may renew a certification under 
                        subparagraph (B)(ii)(II) every 6 months without 
                        limitation, after providing an opportunity for 
                        the alien to request reconsideration of the 
                        certification and to submit documents or other 
                        evidence in support of that request. If the 
                        Secretary does not renew a certification, the 
                        Secretary may not continue to detain the alien 
                        under subparagraph (B)(ii)(II).
                            ``(ii) Delegation.--Notwithstanding section 
                        103, the Secretary of Homeland Security may not 
                        delegate the authority to make or renew a 
                        certification described in item (bb), (cc), or 
                        (ee) of subparagraph (B)(ii)(II) below the 
                        level of the Assistant Secretary for 
                        Immigration and Customs Enforcement.
                            ``(iii) Hearing.--The Secretary of Homeland 
                        Security may request that the Attorney General 
                        or the Attorney General's designee provide for 
                        a hearing to make the determination described 
                        in item (dd)(BB) of subparagraph (B)(ii)(II).
                    ``(D) Release on conditions.--If it is determined 
                that an alien should be released from detention, the 
                Secretary of Homeland Security, in the exercise of the 
                Secretary's discretion, may impose conditions on 
                release as provided in paragraph (3).
                    ``(E) Redetention.--The Secretary of Homeland 
                Security, in the exercise of the Secretary's 
                discretion, without any limitations other than those 
                specified in this section, may again detain any alien 
                subject to a final removal order who is released from 
                custody if the alien fails to comply with the 
                conditions of release, or to continue to satisfy the 
                conditions described in subparagraph (A), or if, upon 
                reconsideration, the Secretary determines that the 
                alien can be detained under subparagraph (B). 
                Paragraphs (6) through (8) shall apply to any alien 
                returned to custody pursuant to this subparagraph, as 
                if the removal period terminated on the day of the 
                redetention.
                    ``(F) Certain aliens who effected entry.--If an 
                alien has effected an entry, but has neither been 
                lawfully admitted nor has been physically present in 
                the United States continuously for the 2-year period 
                immediately prior to the commencement of removal 
                proceedings under this Act or deportation proceedings 
                against the alien, the Secretary of Homeland Security, 
                in the exercise of the Secretary's discretion, may 
                decide not to apply paragraph (8) and detain the alien 
                without any limitations except those which the 
                Secretary shall adopt by regulation.
            ``(9) Judicial review.--Without regard to the place of 
        confinement, judicial review of any action or decision pursuant 
        to paragraphs (6), (7), or (8) shall be available exclusively 
        in habeas corpus proceedings instituted in the United States 
        District Court for the District of Columbia, and only if the 
        alien has exhausted all administrative remedies (statutory and 
        regulatory) available to the alien as of right.''.

SEC. 202. DETENTION OF ALIENS DURING REMOVAL PROCEEDINGS.

    (a) Detention Authority.--Section 235 of the Immigration and 
Nationality Act (8 U.S.C. 1225) is amended by adding at the end the 
following:
    ``(e) Length of Detention.--
            ``(1) In general.--With regard to length of detention, an 
        alien may be detained under this section, without limitation, 
        until the alien is subject to an administratively final order 
        of removal.
            ``(2) Construction.--The length of detention under this 
        section shall not affect the validity of any detention under 
        section 241.
    ``(f) Judicial Review.--Without regard to the place of confinement, 
judicial review of any action or decision made pursuant to subsection 
(e) shall be available exclusively in a habeas corpus proceeding 
instituted in the United States District Court for the District of 
Columbia and only if the alien has exhausted all administrative 
remedies (statutory and nonstatutory) available to the alien as of 
right.''.
    (b) Judicial Review.--Section 236(e) of such Act (8 U.S.C. 1226(e)) 
is amended by adding at the end the following: ``Without regard to the 
place of confinement, judicial review of any action or decision made 
pursuant to subsection (f) shall be available exclusively in a habeas 
corpus proceeding instituted in the United States District Court for 
the District of Columbia and only if the alien has exhausted all 
administrative remedies (statutory and nonstatutory) available to the 
alien as of right.''.
    (c) Length of Detention.--Section 236 of such Act (8 U.S.C. 1226) 
is amended by adding at the end the following:
    ``(f) Length of Detention.--
            ``(1) In general.--With regard to length of detention, an 
        alien may be detained under this section, without limitation, 
        until the alien is subject to an administratively final order 
        of removal.
            ``(2) Construction.--The length of detention under this 
        section shall not affect the validity of any detention under 
        section 241 of this Act.''.

SEC. 203. SEVERABILITY.

    If any provision of this subtitle, or any amendment made by this 
subtitle, or the application of any such provision to any person or 
circumstance, is held to be invalid for any reason, the remainder of 
this subtitle, and of the amendments made by this subtitle, and the 
application of the provisions and of the amendments made by this 
subtitle to any other person or circumstance, shall not be affected by 
such holding.

SEC. 204. EFFECTIVE DATES.

    (a) Section 201.--The amendments made by section 201 shall take 
effect on the date of the enactment of this Act, and section 241 of the 
Immigration and Nationality Act, as amended, shall apply to--
            (1) all aliens subject to a final administrative removal, 
        deportation, or exclusion order that was issued before, on, or 
        after the date of the enactment of this Act; and
            (2) acts and conditions occurring or existing before, on, 
        or after the date of the enactment of this Act.
    (b) Section 202.--The amendments made by section 202 shall take 
effect upon the date of the enactment of this Act, and sections 235 and 
236 of the Immigration and Nationality Act, as amended, shall apply to 
any alien in detention under provisions of such sections on or after 
the date of the enactment of this Act.

               Subtitle B--Removal of Alien Gang Members

SEC. 211. RENDERING INADMISSIBLE AND DEPORTABLE ALIENS PARTICIPATING IN 
              CRIMINAL STREET GANGS.

    (a) Inadmissible.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following:
                    ``(J) Criminal street gang participation.--
                            ``(i) In general.--Any alien is 
                        inadmissible if--
                                    ``(I) the alien has been removed 
                                under section 237(a)(2)(F); or
                                    ``(II) the consular officer or the 
                                Secretary of Homeland Security knows, 
                                or has reasonable ground to believe 
                                that the alien--
                                            ``(aa) is a member of a 
                                        criminal street gang and has 
                                        committed, conspired, or 
                                        threatened to commit, or seeks 
                                        to enter the United States to 
                                        engage solely, principally, or 
                                        incidentally in, a gang crime 
                                        or any other unlawful activity; 
                                        or
                                            ``(bb) is a member of a 
                                        criminal street gang designated 
                                        under section 219A.
                            ``(ii) Definitions.--For purposes of this 
                        subparagraph:
                                    ``(I) Criminal street gang.--The 
                                term `criminal street gang' means a 
                                formal or informal group or association 
                                of 3 or more individuals, who commit 2 
                                or more gang crimes (one of which is a 
                                crime of violence, as defined in 
                                section 16 of title 18, United States 
                                Code) in 2 or more separate criminal 
                                episodes in relation to the group or 
                                association.
                                    ``(II) Gang crime.--The term `gang 
                                crime' means conduct constituting any 
                                Federal or State crime, punishable by 
                                imprisonment for one year or more, in 
                                any of the following categories:
                                            ``(aa) A crime of violence 
                                        (as defined in section 16 of 
                                        title 18, United States Code).
                                            ``(bb) A crime involving 
                                        obstruction of justice, 
                                        tampering with or retaliating 
                                        against a witness, victim, or 
                                        informant, or burglary.
                                            ``(cc) A crime involving 
                                        the manufacturing, importing, 
                                        distributing, possessing with 
                                        intent to distribute, or 
                                        otherwise dealing in a 
                                        controlled substance or listed 
                                        chemical (as those terms are 
                                        defined in section 102 of the 
                                        Controlled Substances Act (21 
                                        U.S.C. 802)).
                                            ``(dd) Any conduct 
                                        punishable under section 844 of 
                                        title 18, United States Code 
                                        (relating to explosive 
                                        materials), subsection (d), 
                                        (g)(1) (where the underlying 
                                        conviction is a violent felony 
                                        (as defined in section 
                                        924(e)(2)(B) of such title) or 
                                        is a serious drug offense (as 
                                        defined in section 
                                        924(e)(2)(A)), (i), (j), (k), 
                                        (o), (p), (q), (u), or (x) of 
                                        section 922 of such title 
                                        (relating to unlawful acts), or 
                                        subsection (b), (c), (g), (h), 
                                        (k), (l), (m), or (n) of 
                                        section 924 of such title 
                                        (relating to penalties), 
                                        section 930 of such title 
                                        (relating to possession of 
                                        firearms and dangerous weapons 
                                        in Federal facilities), section 
                                        931 of such title (relating to 
                                        purchase, ownership, or 
                                        possession of body armor by 
                                        violent felons), sections 1028 
                                        and 1029 of such title 
                                        (relating to fraud and related 
                                        activity in connection with 
                                        identification documents or 
                                        access devices), section 1952 
                                        of such title (relating to 
                                        interstate and foreign travel 
                                        or transportation in aid of 
                                        racketeering enterprises), 
                                        section 1956 of such title 
                                        (relating to the laundering of 
                                        monetary instruments), section 
                                        1957 of such title (relating to 
                                        engaging in monetary 
                                        transactions in property 
                                        derived from specified unlawful 
                                        activity), or sections 2312 
                                        through 2315 of such title 
                                        (relating to interstate 
                                        transportation of stolen motor 
                                        vehicles or stolen property).
                                            ``(ee) Any conduct 
                                        punishable under section 274 
                                        (relating to bringing in and 
                                        harboring certain aliens), 
                                        section 277 (relating to aiding 
                                        or assisting certain aliens to 
                                        enter the United States), or 
                                        section 278 (relating to 
                                        importation of alien for 
                                        immoral purpose) of this 
                                        Act.''.
    (b) Deportable.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following:
                    ``(F) Criminal street gang participation.--
                            ``(i) In general.--Any alien is deportable 
                        who--
                                    ``(I) is a member of a criminal 
                                street gang and is convicted of 
                                committing, or conspiring, threatening, 
                                or attempting to commit, a gang crime; 
                                or
                                    ``(II) is determined by the 
                                Secretary of Homeland Security to be a 
                                member of a criminal street gang 
                                designated under section 219A.
                            ``(ii) Definitions.--For purposes of this 
                        subparagraph, the terms `criminal street gang' 
                        and `gang crime' have the meaning given such 
                        terms in section 212(a)(2)(J)(ii).''.
    (c) Designation of Criminal Street Gangs.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
        adding at the end the following:

                 ``designation of criminal street gangs

    ``Sec. 219A.  (a) Designation.--
            ``(1) In general.--The Attorney General is authorized to 
        designate a group or association as a criminal street gang in 
        accordance with this subsection if the Attorney General finds 
        that the group or association meets the criteria described in 
        section 212(a)(2)(J)(ii)(I).
            ``(2) Procedure.--
                    ``(A) Notice.--
                            ``(i) To congressional leaders.--Seven days 
                        before making a designation under this 
                        subsection, the Attorney General shall, by 
                        classified communication, notify the Speaker 
                        and minority leader of the House of 
                        Representatives, the President pro tempore, 
                        majority leader, and minority leader of the 
                        Senate, and the members of the relevant 
                        committees of the House of Representatives and 
                        the Senate, in writing, of the intent to 
                        designate a group or association under this 
                        subsection, together with the findings made 
                        under paragraph (1) with respect to that group 
                        or association, and the factual basis therefor.
                            ``(ii) Publication in federal register.--
                        The Attorney shall publish the designation in 
                        the Federal Register seven days after providing 
                        the notification under clause (i).
                    ``(B) Effect of designation.--
                            ``(i) A designation under this subsection 
                        shall take effect upon publication under 
                        subparagraph (A)(ii).
                            ``(ii) Any designation under this 
                        subsection shall cease to have effect upon an 
                        Act of Congress disapproving such designation.
            ``(3) Record.--In making a designation under this 
        subsection, the Attorney General shall create an administrative 
        record.
            ``(4) Period of designation.--
                    ``(A) In general.--A designation under this 
                subsection shall be effective for all purposes until 
                revoked under paragraph (5) or (6) or set aside 
                pursuant to subsection (b).
                    ``(B) Review of designation upon petition.--
                            ``(i) In general.--The Attorney General 
                        shall review the designation of a criminal 
                        street gang under the procedures set forth in 
                        clauses (iii) and (iv) if the designated gang 
                        or association files a petition for revocation 
                        within the petition period described in clause 
                        (ii).
                            ``(ii) Petition period.--For purposes of 
                        clause (i)--
                                    ``(I) if the designated gang or 
                                association has not previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date on which 
                                the designation was made; or
                                    ``(II) if the designated gang or 
                                association has previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date of the 
                                determination made under clause (iv) on 
                                that petition.
                            ``(iii) Procedures.--Any criminal street 
                        gang that submits a petition for revocation 
                        under this subparagraph must provide evidence 
                        in that petition that the relevant 
                        circumstances described in paragraph (1) are 
                        sufficiently different from the circumstances 
                        that were the basis for the designation such 
                        that a revocation with respect to the gang is 
                        warranted.
                            ``(iv) Determination.--
                                    ``(I) In general.--Not later than 
                                180 days after receiving a petition for 
                                revocation submitted under this 
                                subparagraph, the Attorney General 
                                shall make a determination as to such 
                                revocation.
                                    ``(II) Publication of 
                                determination.--A determination made by 
                                the Attorney General under this clause 
                                shall be published in the Federal 
                                Register.
                                    ``(III) Procedures.--Any revocation 
                                by the Attorney General shall be made 
                                in accordance with paragraph (6).
                    ``(C) Other review of designation.--
                            ``(i) In general.--If in a 5-year period no 
                        review has taken place under subparagraph (B), 
                        the Attorney General shall review the 
                        designation of the criminal street gang in 
                        order to determine whether such designation 
                        should be revoked pursuant to paragraph (6).
                            ``(ii) Procedures.--If a review does not 
                        take place pursuant to subparagraph (B) in 
                        response to a petition for revocation that is 
                        filed in accordance with that subparagraph, 
                        then the review shall be conducted pursuant to 
                        procedures established by the Attorney General. 
                        The results of such review and the applicable 
                        procedures shall not be reviewable in any 
                        court.
                            ``(iii) Publication of results of review.--
                        The Attorney General shall publish any 
                        determination made pursuant to this 
                        subparagraph in the Federal Register.
            ``(5) Revocation by act of congress.--The Congress, by an 
        Act of Congress, may block or revoke a designation made under 
        paragraph (1).
            ``(6) Revocation based on change in circumstances.--
                    ``(A) In general.--The Attorney General may revoke 
                a designation made under paragraph (1) at any time, and 
                shall revoke a designation upon completion of a review 
                conducted pursuant to subparagraphs (B) and (C) of 
                paragraph (4) if the Attorney General finds that--
                            ``(i) the circumstances that were the basis 
                        for the designation have changed in such a 
                        manner as to warrant revocation; or
                            ``(ii) the national security of the United 
                        States warrants a revocation.
                    ``(B) Procedure.--The procedural requirements of 
                paragraphs (2) and (3) shall apply to a revocation 
                under this paragraph. Any revocation shall take effect 
                on the date specified in the revocation or upon 
                publication in the Federal Register if no effective 
                date is specified.
            ``(7) Effect of revocation.--The revocation of a 
        designation under paragraph (5) or (6) shall not affect any 
        action or proceeding based on conduct committed prior to the 
        effective date of such revocation.
            ``(8) Use of designation in hearing.--If a designation 
        under this subsection has become effective under paragraph 
        (2)(B) an alien in a removal proceeding shall not be permitted 
        to raise any question concerning the validity of the issuance 
        of such designation as a defense or an objection at any 
        hearing.
    ``(b) Judicial Review of Designation.--
            ``(1) In general.--Not later than 30 days after publication 
        of the designation in the Federal Register, a group or 
        association designated as a criminal street gang may seek 
        judicial review of the designation in the United States Court 
        of Appeals for the District of Columbia Circuit.
            ``(2) Basis of review.--Review under this subsection shall 
        be based solely upon the administrative record.
            ``(3) Scope of review.--The Court shall hold unlawful and 
        set aside a designation the court finds to be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole; or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation shall not affect the 
        application of this section, unless the court issues a final 
        order setting aside the designation.
    ``(c) Relevant Committee Defined.--As used in this section, the 
term `relevant committees' means the Committees on the Judiciary of the 
House of Representatives and of the Senate.''.
            (2) Clerical amendment.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended by inserting after the item relating to section 219 the 
        following:

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

SEC. 212. MANDATORY DETENTION OF SUSPECTED CRIMINAL STREET GANG 
              MEMBERS.

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

SEC. 213. INELIGIBILITY FROM PROTECTION FROM REMOVAL AND ASYLUM.

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

                       Subtitle C--Miscellaneous

SEC. 221. FEDERAL AFFIRMATION OF ASSISTANCE IN IMMIGRATION LAW 
              ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF 
              STATES.

    (a) In General.--Notwithstanding any other provision of law and 
reaffirming the existing inherent authority of States, law enforcement 
personnel of a State or a political subdivision of a State have the 
inherent authority of a sovereign entity to investigate, identify, 
apprehend, arrest, detain, or transfer to Federal custody aliens in the 
United States (including the transportation of such aliens across State 
lines to detention centers), for the purposes of assisting in the 
enforcement of the immigration laws of the United States in the course 
of carrying out routine duties. This State authority has never been 
displaced or preempted by Congress.
    (b) Construction.--Nothing in this section 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; or
            (2) arrest such victim or witness for a violation of the 
        immigration laws of the United States.

SEC. 222. FINANCIAL ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT 
              AGENCIES ASSISTING WITH BORDER SECURITY AND ENFORCEMENT 
              OF IMMIGRATION LAWS.

    (a) Grants for State and Local Law Enforcement Activities.--From 
amounts made available to make grants under this section, the Secretary 
of Homeland Security shall make grants to States and political 
subdivisions of States for expenses described in subsection (c).
    (b) Eligible Recipients.--To be eligible to receive a grant under 
this section, a State or political subdivision of a State must have the 
authority to, and have in effect the policy and practice to, assist 
with border security missions and the enforcement of immigration laws 
of the United States in the course of carrying out such agency's 
routine law enforcement duties.
    (c) Authorized Use of Funds.--Funds received under this section may 
be used for the following:
            (1) Costs of training associated with participation in 
        programs described in section 287(g) of the immigration and 
        nationality act (8 U.S.C. 1357(g)) under which certain officers 
        or employees of the state or political subdivision are trained 
        to perform certain functions of an immigration officer, 
        including--
                    (A) costs of travel and transportation to locations 
                where such training is provided, including mileage and 
                related allowances for the use of a privately owned 
                automobile;
                    (B) a daily per diem for lodging, meals, and other 
                necessary expenses resulting from participation; and
                    (C) costs of securing temporary replacements for 
                personnel traveling to, and participating in, such 
                training.
            (2) Procurement of equipment, technology, facilities, and 
        other products that facilitate and are directly related to 
        investigating, apprehending, arresting, detaining, or 
        transporting immigration law violators, including additional 
        administrative costs related to these functions.
    (d) GAO Audit.--Not later than 3 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct an audit of funds distributed to States and political 
subdivisions of States under this section.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section $250,000,000 for each fiscal 
year.

SEC. 223. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL OR 
              SECURITY GROUNDS.

    (a) In General.--Section 238(b) of the Immigration and Nationality 
Act (8 U.S.C. 1228(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security in the exercise of the 
                Secretary's discretion''; and
                    (B) by striking ``set forth in this subsection or'' 
                and inserting ``set forth in this subsection, in lieu 
                of removal proceedings under'';
            (2) in paragraph (3)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (B) by striking ``paragraph (1) until 14 calendar 
                days'' and inserting ``paragraph (1) or (3) until 7 
                calendar days'';
            (3) in paragraph (4), by striking ``Attorney General'' each 
        place it appears and inserting ``Secretary of Homeland 
        Security'';
            (4) in paragraph (5)--
                    (A) by striking ``described in this section'' and 
                inserting ``described in paragraph (1) or (2)''; and
                    (B) by striking ``the Attorney General may grant in 
                the Attorney General's discretion'' and inserting ``the 
                Secretary of Homeland Security or the Attorney General 
                may grant, in the discretion of the Secretary or 
                Attorney General, in any proceeding'';
            (5) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (6) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) The Secretary of Homeland Security, in the exercise 
        of the Secretary's discretion, may determine inadmissibility 
        under section 212(a)(2) (relating to criminal offenses) and 
        issue an order of removal pursuant to the procedures set forth 
        in this subsection, in lieu of removal proceedings under 
        section 240, with respect to an alien who--
                    ``(A) has not been admitted or paroled;
                    ``(B) has not been found to have a credible fear of 
                persecution pursuant to the procedures set forth in 
                section 235(b)(1)(B); and
                    ``(C) is not eligible for a waiver of 
                inadmissibility or relief from removal.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act but shall not 
apply to aliens who are in removal proceedings under section 240 of the 
Immigration and Nationality Act (8 U.S.C. 1229a) as of such date.

SEC. 224. REMOVING DRUNK DRIVERS.

    (a) In General.--101(a)(43)(F) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(43)(F)) is amended by inserting ``, including a 
third drunk driving conviction, regardless of the States in which the 
convictions occurred, and regardless of whether the offenses are deemed 
to be misdemeanors or felonies under State or Federal law,'' after 
``offense)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
convictions entered before, on, or after such date.

             TITLE III--EMPLOYMENT ELIGIBILITY VERIFICATION

    Subtitle A--Illegal Immigration Enforcement and Social Security 
                         Protection Act of 2007

SEC. 301. SHORT TITLE.

    This subtitle may be cited as the ``Illegal Immigration Enforcement 
and Social Security Protection Act of 2007''.

SEC. 302. AMENDMENTS TO THE SOCIAL SECURITY ACT RELATING TO 
              IDENTIFICATION OF INDIVIDUALS.

    (a) Antifraud Measures for Social Security Cards.--Section 
205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is 
amended--
            (1) by inserting ``(i)'' after ``(G)'';
            (2) by striking ``banknote paper'' and inserting ``durable 
        plastic or similar material''; and
            (3) by adding at the end the following new clauses:
    ``(ii) Each Social Security card issued under this subparagraph 
shall include an encrypted machine-readable electronic identification 
strip which shall be unique to the individual to whom the card is 
issued. The Commissioner shall develop such electronic identification 
strip in consultation with the Secretary of Homeland Security, so as to 
enable employers to use such strip in accordance with section 
274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(1)(B)) to obtain access to the Employment Eligibility Database 
established by such Secretary pursuant to section 4 of such Act with 
respect to the individual to whom the card is issued.
    ``(iii) Each Social Security card issued under this subparagraph 
shall contain--
            ``(I) physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the card for 
        fraudulent purposes; and
            ``(II) a disclaimer stating the following: `This card shall 
        not be used for the purpose of identification.'.
    ``(iv) The Commissioner shall provide for the issuance (or 
reissuance) to each individual who--
            ``(I) has been assigned a Social Security account number 
        under subparagraph (B),
            ``(II) has attained the minimum age applicable, in the 
        jurisdiction in which such individual engages in employment, 
        for legally engaging in such employment, and
            ``(III) files application for such card under this clause 
        in such form and manner as shall be prescribed by the 
        Commissioner,
a Social Security card which meets the preceding requirements of this 
subparagraph and which includes a recent digitized photograph of the 
individual to whom the card is issued.
    ``(v) The Commissioner shall maintain an ongoing effort to develop 
measures in relation to the Social Security card and the issuance 
thereof to preclude fraudulent use thereof.''.
    (b) Sharing of Information With the Secretary of Homeland 
Security.--Section 205(c)(2) of such Act is amended by adding at the 
end the following new subparagraph:
    ``(I) Upon the issuance of a Social Security account number under 
subparagraph (B) to any individual or the issuance of a Social Security 
card under subparagraph (G) to any individual, the Commissioner of 
Social Security shall transmit to the Secretary of Homeland Security 
such information received by the Commissioner in the individual's 
application for such number or such card as such Secretary determines 
necessary and appropriate for administration of the Illegal Immigration 
Enforcement and Social Security Protection Act of 2007. Such 
information shall be used solely for inclusion in the Employment 
Eligibility Database established pursuant to section 4 of such Act.''.
    (c) Effective Dates.--The amendment made by subsection (a) shall 
apply with respect to Social Security cards issued after 2 years after 
the date of the enactment of this Act. The amendment made by subsection 
(b) shall apply with respect to the issuance of Social Security account 
numbers and Social Security cards after 2 years after the date of the 
enactment of this Act.

SEC. 303. EMPLOYMENT ELIGIBILITY DATABASE.

    (a) In General.--The Secretary of Homeland Security shall establish 
and maintain an Employment Eligibility Database. The Database shall 
include data comprised of the citizenship status of individuals and the 
work and residency eligibility information (including expiration dates) 
with respect to individuals who are not citizens or nationals of the 
United States but are authorized to work in the United States. Such 
data shall include all such data maintained by the Department of 
Homeland Security as of the date of the establishment of such database 
and information obtained from the Commissioner of Social Security 
pursuant to section 205(c)(2)(I) of the Social Security Act. The 
Secretary shall maintain ongoing consultations with the Commissioner to 
ensure efficient and effective operation of the Database.
    (b) Incorporation of Ongoing Pilot Programs.--To the extent that 
the Secretary determines appropriate in furthering the purposes of 
subsection (a), the Secretary may incorporate the information, 
processes, and procedures employed in connection with the Citizen 
Attestation Verification Pilot Program and the Basic Pilot Program into 
the operation and maintenance of the Database under subsection (a).
    (c) Confidentiality.--
            (1) In general.--No officer or employee of the Department 
        of Homeland Security shall have access to any information 
        contained in the Database for any purpose other than--
                    (A) the establishment of a system of records 
                necessary for the effective administration of this Act; 
                or
                    (B) any other purpose the Secretary of Homeland 
                Security deems to be in the national security interests 
                of the United States.
            (2) Restriction.--The Secretary shall restrict access to 
        such information to officers and employees of the United States 
        whose duties or responsibilities require access for the 
        purposes described in paragraph (1).
            (3) Other safeguards.--The Secretary shall provide such 
        other safeguards as the Secretary determines to be necessary or 
        appropriate to protect the confidentiality of information 
        contained in the Database.
            (4) Criminal penalties.--Whoever accesses or uses 
        information in the Employment Eligibility Database without 
        authority to do so, or for an unauthorized purpose, shall be 
        fined under title 18, United States Code, imprisoned for a term 
        of not less than 5, and not more than 7, years, or both.
    (d) Deadline for Meeting Requirements.--The Secretary shall 
complete the establishment of the Database and provide for the 
efficient and effective operation of the Database in accordance with 
this section not later than 2 years after the date of the enactment of 
this Act.

SEC. 304. REQUIREMENTS RELATING TO INDIVIDUALS COMMENCING WORK IN THE 
              UNITED STATES.

    (a) Requirements for Employers, Recruiters, and Referrers.--Section 
274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(1)(B)) is amended to read as follows:
                    ``(B)(i)(I) to hire for employment in the United 
                States an individual unless the person or entity 
                requires the employee to display a Social Security card 
                issued to such individual pursuant to section 
                205(c)(2)(G) of the Social Security Act which bears a 
                photograph of such individual and that such individual 
                is authorized to work in the United States. Such 
                presentation and verification shall be made in 
                accordance with procedures prescribed by the Secretary 
                of Homeland Security for the purposes of ensuring 
                against fraudulent use of the card and accurate and 
                prompt verification of the authorization of such 
                individual to work in the United States; or (II) if the 
                person or entity is an agricultural association, 
                agricultural employer, or farm labor contractor (as 
                defined in section 3 of the Migrant and Seasonal 
                Agricultural Worker Protection Act), to hire, or to 
                recruit or refer for a fee, for employment in the 
                United States an individual unless the person or entity 
                requires the employee to display a Social Security card 
                issued to such individual pursuant to section 
                205(c)(2)(G) of the Social Security Act which bears a 
                photograph of such individual and that such individual 
                is authorized to work in the United States. Such 
                presentation and verification shall be made in 
                accordance with procedures prescribed by the Secretary 
                of Homeland Security for the purposes of ensuring 
                against fraudulent use of the card and accurate and 
                prompt verification of the authorization of such 
                individual to work in the United States.
                    ``(ii) The verification procedures described in 
                clause (i) shall include use of--
                            ``(I) a phone verification system which 
                        shall be established by the Secretary; or
                            ``(II) a card-reader verification system 
                        employing a device approved by the Secretary as 
                        capable of reading the electronic 
                        identification strip borne by the card so as to 
                        verify the identity of the card holder and the 
                        card holder's authorization to work, and which 
                        is made available at minimal cost to the person 
                        or entity.
                    ``(iii) The Secretary shall ensure that the phone 
                verification system described in subclause (I) of 
                clause (ii) is as secure and effective as the card-
                reader verification system described in subclause (II) 
                of such clause.
                    ``(iv) The Secretary shall ensure that, by means of 
                such procedures, the person or entity will have such 
                access to the Employment Eligibility Database 
                established and operated by the Secretary pursuant to 
                section 303 of the Secure Borders FIRST (For Integrity, 
                Reform, Safety, and Anti-Terrorism) Act of 2007 as to 
                enable the person or entity to obtain information, 
                relating to the citizenship, residency, and work 
                eligibility of the individual, which is necessary to 
                inform the person or entity as to whether the 
                individual is authorized to work in the United States.
                    ``(v) A person or entity that establishes that the 
                person or entity has complied in good faith with the 
                requirements of this subparagraph with respect to the 
                hiring, recruiting, or referral for employment of an 
                alien in the United States shall not be liable for 
                hiring an unauthorized alien, if--
                            ``(I) such hiring, recruitment, or referral 
                        occurred due to an error in the phone 
                        verification system, the card-reader 
                        verification system, or the Employment 
                        Eligibility Database which was unknown to the 
                        employer at the time of such hiring; and
                            ``(II) the employer terminates that 
                        employment of the alien upon being informed of 
                        the error.''.
    (b) Conforming Amendments.--Section 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324a) is amended--
            (1) in subsection (a), by striking paragraphs (3), (5), and 
        (6) and redesignating paragraphs (4) and (7) as paragraphs (3) 
        and (4), respectively;
            (2) in subsection (b)--
                    (A) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security'';
                    (B) by amending the matter preceding paragraph (2) 
                to read as follows:
    ``(b) Verification Forms.--
            ``(1) Attestation of compliance.--The verification 
        procedures prescribed under subsection (a)(1)(B) shall include 
        an attestation, made under penalty of perjury and on a form 
        designated or established by the Secretary of Homeland Security 
        by regulation, that the employer, recruiter, or referrer has 
        complied with such procedures.''; and
                    (C) by striking paragraph (6);
            (3) by striking subsection (d); and
            (4) by amending subsection (h)(3) to read as follows:
            ``(3) Definitions.--For purposed of this section:
                    ``(A) The term `authorized to work in the United 
                States', when applied to an individual, means that the 
                individual is not an unauthorized alien.
                    ``(B) The term `employee' shall have the meaning 
                given such term in section 210(j) of the Social 
                Security Act (42 U.S.C. 410(j)).
                    ``(C) The term `unauthorized alien' means, with 
                respect to the employment of an alien at a particular 
                time, that the alien is not at that time--
                            ``(i) an alien lawfully admitted for 
                        permanent residence; or
                            ``(ii) authorized to be so employed by this 
                        Act or by the Secretary of Homeland 
                        Security.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of the enactment of this Act and shall 
apply to employment of any individual in any capacity commencing on or 
after such effective date.

SEC. 305. COMPLIANCE.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (e)(4)--
                    (A) in subparagraph (A), in the matter before 
                clause (i), by inserting ``, subject to paragraphs (10) 
                through (12),'' after ``in an amount'';
                    (B) in subparagraph (A)(i), by striking ``not less 
                than $250 and not more than $2,000'' and inserting 
                ``not less than $5,000 and not more than $7,500'';
                    (C) in subparagraph (A)(ii), by striking ``not less 
                than $2,000 and not more than $5,000'' and inserting 
                ``not less than $10,000 and not more than $15,000'';
                    (D) in subparagraph (A)(iii), by striking ``not 
                less than $3,000 and not more than $10,000'' and 
                inserting ``not less than $25,000 and not more than 
                $40,000''; and
                    (E) by amending subparagraph (B) to read as 
                follows:
                    ``(B) may require the person or entity to take such 
                other remedial action as is appropriate.'';
            (2) in subsection (e)(5)--
                    (A) by inserting ``, subject to paragraphs (10) 
                through (12),'' after ``in an amount'';
                    (B) by striking ``$100'' and inserting ``$1,000'';
                    (C) by striking ``$1,000'' and inserting 
                ``$25,000'';
                    (D) by striking ``the size of the business of the 
                employer being charged, the good faith of the 
                employer'' and inserting ``the good faith of the 
                employer being charged''; and
                    (E) by adding at the end the following sentence: 
                ``Failure by a person or entity to utilize the 
                employment eligibility verification system as required 
                by law, or providing information to the system that the 
                person or entity knows or reasonably believes to be 
                false, shall be treated as a violation of subsection 
                (a)(1)(A).'';
            (3) by adding at the end of subsection (e) the following 
        new paragraphs:
            ``(10) Mitigation of civil money penalties for smaller 
        employers.--In the case of imposition of a civil penalty under 
        paragraph (4)(A) with respect to a violation of subsection 
        (a)(1)(A) or (a)(2) for hiring or continuation of employment by 
        an employer and in the case of imposition of a civil penalty 
        under paragraph (5) for a violation of subsection (a)(1)(B) for 
        hiring by an employer, the dollar amounts otherwise specified 
        in the respective paragraph shall be reduced as follows:
                    ``(A) In the case of an employer with an average of 
                fewer than 26 full-time equivalent employees (as 
                defined by the Secretary of Homeland Security), the 
                amounts shall be reduced by 60 percent.
                    ``(B) In the case of an employer with an average of 
                at least 26, but fewer than 101, full-time equivalent 
                employees (as so defined), the amounts shall be reduced 
                by 40 percent.
                    ``(C) In the case of an employer with an average of 
                at least 101, but fewer than 251, full-time equivalent 
                employees (as so defined), the amounts shall be reduced 
                by 20 percent.
        The last sentence of paragraph (4) shall apply under this 
        paragraph in the same manner as it applies under such 
        paragraph.
            ``(11) Exemption from penalty for initial good faith 
        violation.--In the case of imposition of a civil penalty under 
        paragraph (4)(A) with respect to a violation of subsection 
        (a)(1)(A) or (a)(2) for hiring or continuation of employment or 
        recruitment or referral by person or entity and in the case of 
        imposition of a civil penalty under paragraph (5) for a 
        violation of subsection (a)(1)(B) for hiring or recruitment or 
        referral by a person or entity, the penalty otherwise imposed 
        shall be waived if the violator establishes that it was the 
        first such violation of such provision by the violator and the 
        violator acted in good faith.
            ``(12) Safe harbor for contractors.--A person or other 
        entity shall not be liable for a penalty under paragraph (4)(A) 
        with respect to the violation of subsection (a)(1)(A), 
        (a)(1)(B), or (a)(2) with respect to the hiring or continuation 
        of employment of an unauthorized alien by a subcontractor of 
        that person or entity unless the person or entity knew that the 
        subcontractor hired or continued to employ such alien in 
        violation of such subsection.''.
            (4) by amending paragraph (1) of subsection (f) to read as 
        follows:
            ``(1) Criminal penalty.--Any person or entity which engages 
        in a pattern or practice of violations of subsection (a)(1) or 
        (2) shall be fined not more than $50,000 for each unauthorized 
        alien with respect to which such a violation occurs, imprisoned 
        for not less than one year, or both, notwithstanding the 
        provisions of any other Federal law relating to fine levels.''; 
        and
            (5) in subsection (f)(2), by striking ``Attorney General'' 
        each place it appears and inserting ``Secretary of Homeland 
        Security''.

SEC. 306. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Department of Homeland Security.--Except as otherwise provided 
in this subtitle, there are authorized to be appropriated to the 
Department of Homeland Security for each fiscal year beginning on or 
after October 1, 2007, such sums as may be necessary to carry out this 
subtitle and the amendments made by this subtitle, of which not less 
than $100,000,000 shall be for the purpose of carrying out section 
274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(1)(B)), as amended by section 305 of this Act.
    (b) Social Security Administration.--There are authorized to be 
appropriated to the Social Security Administration for each fiscal year 
beginning on or after October 1, 2007, such sums as are necessary to 
carry out the amendments made by section 302.

SEC. 307. RULES OF CONSTRUCTION.

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

Subtitle B--Employment Eligibility Verification and Anti-Identity Theft 
                                  Act

SEC. 311. SHORT TITLE.

    This subtitle may be cited as the ``Employment Eligibility 
Verification and Anti-Identity Theft Act''.

SEC. 312. REQUIRING AGENCIES TO SEND ``NO-MATCH'' LETTERS.

    (a) Social Security Administration.--The Commissioner of the Social 
Security Administration shall send a written notice to a person or 
entity each time that the combination of name and Social Security 
account number submitted by the person or entity for an individual does 
not match Social Security Administration records.
    (b) Department of Homeland Security.--The Secretary of Homeland 
Security shall send a written notice to a person or entity each time 
that such Secretary determines that an immigration status document or 
employment authorization document presented or referenced by an 
individual during the process of completing the attestations required 
by the person or entity for employment eligibility verification was 
assigned to another person, or that there is no agency record that the 
document was assigned to any person.

SEC. 313. REQUIRING EMPLOYERS TO TAKE ACTION UPON RECEIPT OF A ``NO-
              MATCH'' LETTER.

    Beginning on the date that is 6 months after the date of the 
enactment of this Act, a person or entity that has received a written 
notice under section 312 shall, within 3 business days of receiving 
such notice, verify the individual's employment authorization and 
identity through the verification system established under section 314.

SEC. 314. VERIFICATION SYSTEM.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary of Homeland Security, in consultation with the 
Commissioner of the Social Security Administration, as appropriate, 
shall establish and administer a verification system through which 
persons or entities that have received written notice under section 312 
shall verify an individual's employment authorization and identity.

SEC. 315. DESIGN AND OPERATION OF SYSTEM.

    The verification system established under section 314 shall be 
designed and operated--
            (1) to maximize its reliability and ease of use, consistent 
        with insulating and protecting the privacy and security of the 
        underlying information;
            (2) to respond to all required inquiries under this 
        subtitle regarding whether individuals are authorized to be 
        employed and to register all times when such inquiries are not 
        received;
            (3) with appropriate administrative, technical, and 
        physical safeguards to prevent unauthorized disclosure of 
        personal information; and
            (4) to have reasonable safeguards against the system's 
        resulting in unlawful discriminatory practices based on 
        national origin or citizenship status, including--
                    (A) the selective or unauthorized use of the system 
                to verify eligibility;
                    (B) the use of the system prior to an offer of 
                employment; or
                    (C) the exclusion of certain individuals from 
                consideration for employment as a result of a perceived 
                likelihood that additional verification will be 
                required, beyond what is required for most job 
                applicants.

SEC. 316. EXTENSION OF TIME.

    If a person or entity in good faith attempts to make an inquiry 
during the time period specified and the verification system 
established under section 314 has registered that not all inquiries 
were received during such time, the person or entity may make an 
inquiry on the first subsequent working day in which the verification 
system registers that it has received all inquiries. If the 
verification system cannot receive inquiries at all times during a day, 
the person or entity merely has to assert that the entity attempted to 
make the inquiry on that day for the previous sentence to apply to such 
an inquiry, and does not have to provide any additional proof 
concerning such inquiry.

SEC. 317. RETENTION OF PROOF OF VERIFICATION COMPLETION.

    After completion of the verification process established under 
section 314, a person or entity shall retain a paper, microfiche, 
microfilm, or electronic version of the form received through the 
verification process (or, in the case of a telephonic verification, a 
paper, microfiche, microfilm, or electronic record of the telephonic 
verification code number) and make it available for inspection by 
officers of the Department of Homeland Security, the Special Counsel 
for Immigration-Related Unfair Employment Practices, or the Department 
of Labor for 3 years after the date on which the form or telephonic 
verification code number was received.

SEC. 318. TERMINATION OF EMPLOYMENT.

    (a) Burden on Individual To Resolve Errors.--If a person or entity 
has received an initial nonverification regarding an individual from 
the verification system established under section 315, the person or 
entity shall notify the individual in writing within 1 business day of 
such receipt. In such notice, the person or entity shall advise the 
individual that the burden is on the individual to resolve any error in 
the verification mechanism not later than 30 days after the date on 
which the notice is issued. Such notice shall also state that the 
person or entity shall be required to verify once again the 
individual's employment authorization and identity through the 
verification system established under section 315, and to terminate any 
employment in the United States, and any recruitment, hiring, or 
referral for employment in the United States, of the individual, if a 
final nonverification is received.
    (b) Additional Verification.--A person or entity that has issued a 
notice under subsection (a) shall, within 33 business days of such 
issuance, verify once again the individual's employment authorization 
and identity through the verification system established under section 
314. Sections 316 and 317 shall apply to such final verification in the 
same manner as such sections applied to the initial verification.

SEC. 319. FINAL VERIFICATION.

    (a) Within 7 days of receiving final nonverification for an 
individual, the person or entity issued a notice under section 312(a) 
of this Act shall provide the Commissioner of Social Security with a 
copy of such individual's verification form as described in section 
274A(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(b)(3)) in addition to any other information regarding the last 
known name, address, and location of such individual.
    (b) Within 3 business days of receiving such notification, the 
Commissioner of Social Security shall provide such information to the 
Secretary of Homeland Security.

SEC. 320. EMPLOYER VIOLATIONS.

    A person or entity shall be considered to have violated section 
274A(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(1)(A)) if the person or entity--
            (1) continues to employ in the United States, or recruits, 
        hires, or refers for employment in the United States, an 
        individual after receiving a final nonverification regarding an 
        individual from the verification system established under 
        section 314; or
            (2) otherwise fails to take an action required under this 
        subtitle.

SEC. 321. LIMITATION ON USE.

    (a) In General.--Notwithstanding any other provision of law, 
nothing in this subtitle shall be construed to permit or allow any 
department, bureau, or other agency of the United States Government to 
utilize any information, data base, or other records assembled under 
this subtitle for any other purpose other than as provided for under 
this subtitle.
    (b) No National Identification Card.--Nothing in this subtitle 
shall be construed to authorize, directly or indirectly, the issuance 
or use of national identification cards or the establishment of a 
national identification card.

SEC. 322. FEDERAL TORT CLAIMS ACT REMEDY.

    If an individual alleges that the individual would not have been 
dismissed from a job but for an error of the verification mechanism, 
the individual may seek compensation only through the mechanism of 
chapter 171 of title 28, United States Code (popularly known as the 
Federal Tort Claims Act), and injunctive relief to correct such error. 
No class action may be brought under this subtitle.

SEC. 323. PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE BASIS OF 
              INFORMATION.

    No person or entity shall be civilly or criminally liable for any 
action taken in good faith reliance on information provided through the 
employment eligibility verification mechanism established under this 
subtitle.

        Subtitle C--New IDEA (Illegal Deduction Elimination Act)

SEC. 331. SHORT TITLE.

    This subtitle may be cited as the ``New IDEA (Illegal Deduction 
Elimination Act)''.

SEC. 332. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT 
              BE DEDUCTED FROM GROSS INCOME.

    (a) In General.--Subsection (c) of section 162 of the Internal 
Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other 
payments) is amended by adding at the end the following new paragraph:
            ``(4) Wages paid to or on behalf of unauthorized aliens.--
                    ``(A) In general.--No deduction shall be allowed 
                under subsection (a) for any wage paid to or on behalf 
                of an unauthorized alien, as defined under section 
                274A(h)(3) of the Immigration and Nationality Act (8 
                U.S.C. 1324a(h)(3)).
                    ``(B) Wages.--For the purposes of this paragraph, 
                the term `wages' means all remuneration for employment, 
                including the cash value of all remuneration (including 
                benefits) paid in any medium other than cash.
                    ``(C) Safe harbor.--If a person or other entity is 
                participating in the basic pilot program described in 
                section 403 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
                note) and obtains confirmation of identity and 
                employment eligibility in compliance with the terms and 
                conditions of the program with respect to the hiring 
                (or recruitment or referral) of an employee, 
                subparagraph (A) shall not apply with respect to wages 
                paid to such employee.''.
    (b) 6-Year Limitation on Assessment and Collection.--Subsection (c) 
of section 6501 of such Code (relating to exceptions) is amended by 
adding at the end the following new paragraph:
            ``(10) Deduction claimed for wages paid to unauthorized 
        aliens.--In the case of a return of tax on which a deduction is 
        shown in violation of section 162(c)(4), any tax under chapter 
        1 may be assessed, or a proceeding in court for the collection 
        of such tax may be begun without assessment, at any time within 
        6 years after the return was filed.''.
    (c) Use of Documentation for Enforcement Purposes.--Section 274A of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
is amended--
            (1) in subparagraph (b)(5), by inserting ``, section 
        162(c)(4) of the Internal Revenue Code of 1986,'' after 
        ``enforcement of this chapter'';
            (2) in subparagraph (d)(2)(F), by inserting ``, section 
        162(c)(4) of the Internal Revenue Code of 1986,'' after 
        ``enforcement of this chapter''; and
            (3) in subparagraph (d)(2)(G), by inserting ``section 
        162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or 
        enforcement of''.
    (d) Availability of Information.--The Commissioner of Social 
Security shall make available to the Commissioner of Internal Revenue 
any information related to the investigation and enforcement of section 
162(c)(4) of the Internal Revenue Code of 1986, including any no-match 
letter and any information in the suspense earnings file.
    (e) Effective Date.--
            (1) Except as provided in paragraph (2), this Act and the 
        amendments made by this Act shall take effect on the date of 
        the enactment of this Act.
            (2) The amendments made by subsections (a) and (b) shall 
        apply to taxable years beginning after December 31, 2007.

          Subtitle D--Improved Security for Birth Certificates

SEC. 341. DEFINITIONS.

    (a) Applicability of Definitions.--Except as otherwise specifically 
provided, the definitions contained in section 201 of the REAL ID Act 
of 2005 (division B of Public Law 109-13) apply to this subtitle.
    (b) Other Definitions.--In this subtitle, the following definitions 
apply:
            (1) Birth certificate.--The term ``birth certificate'' 
        means a certificate of birth--
                    (A) for an individual (regardless of where born)--
                            (i) who is a citizen or national of the 
                        United States at birth; and
                            (ii) whose birth is registered in the 
                        United States; and
                    (B) that--
                            (i) is issued by a Federal, State, or local 
                        government agency or authorized custodian of 
                        record and produced from birth records 
                        maintained by such agency or custodian of 
                        record; or
                            (ii) is an authenticated copy, issued by a 
                        Federal, State, or local government agency or 
                        authorized custodian of record, of an original 
                        certificate of birth issued by such agency or 
                        custodian of record.
            (2) Full legal name.--The term ``full legal name'' means 
        the complete name of the person, including the birth name as 
        recorded in the state and or nation of birth, as applicable, 
        and any suffixes or names appended through lawful action 
        through marriage, adoption or lawful name change.
            (3) Registrant.--The term ``registrant'' means, with 
        respect to a birth certificate, the person whose birth is 
        registered on the certificate.
            (4) State.--The term ``State'' has the the meaning given 
        such term in section 201 of the REAL ID Act of 2005 (division B 
        of Public Law 109-13), except that New York City shall be 
        treated as a State separate from New York.

SEC. 342. APPLICABILITY OF MINIMUM STANDARDS TO LOCAL GOVERNMENTS.

    The minimum standards in this subtitle applicable to birth 
certificates issued by a State shall also apply to birth certificates 
issued by a local government in the State. It shall be the 
responsibility of the State to ensure that local governments in the 
State comply with the minimum standards.

SEC. 343. MINIMUM STANDARDS FOR FEDERAL RECOGNITION.

    (a) Minimum Standards for Federal Use.--
            (1) In general.--Beginning 3 years after the date of the 
        enactment of this Act, a Federal agency may not accept, for any 
        official purpose, a birth certificate issued by a State to any 
        person unless the State is meeting the requirements of this 
        section.
            (2) State certifications.--The Secretary 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.
    (b) Minimum Document Standards.--To meet the requirements of this 
section, a State shall include, on each birth certificate issued to a 
person by the State, the use of safety paper, the seal of the issuing 
custodian of record, and such other features as the Secretary may 
determine necessary to prevent tampering, counterfeiting, and otherwise 
duplicating the birth certificate for fraudulent purposes. The 
Secretary may not require a single design to which birth certificates 
issued by all States must conform. However, the Secretary shall require 
a minimum standard set of security features incorporated into birth 
certificates issued by all States, such as digital watermarks, so that 
validation of such security features can be affordably made be law 
enforcement officials, by motor vehicle administrators, and State and 
Federal officials.
    (c) Minimum Issuance Standards.--
            (1) In general.--To meet the requirements of this section, 
        a State shall require and verify the following information from 
        the requestor before issuing an authenticated copy of a birth 
        certificate:
                    (A) The name on the birth certificate.
                    (B) The date and location of the birth.
                    (C) The mother's maiden name.
                    (D) Substantial proof of the requestor's identity.
                    (E) Where available, authentication of identity 
                through comparison with a biometric identifier.
            (2) Issuance to persons not named on birth certificate.--To 
        meet the requirements of this section, in the case of a request 
        by a person who is not named on the birth certificate, a State 
        must require the presentation of legal authorization to request 
        the birth certificate before issuance.
            (3) Issuance to family members.--Not later than one year 
        after the date of the enactment of this Act, the Secretary, in 
        consultation with the Secretary of Health and Human Services 
        and the States, shall establish minimum standards for issuance 
        of a birth certificate to specific family members, their 
        authorized representatives, and others who demonstrate that the 
        certificate is needed for the protection of the requestor's 
        personal or property rights.
            (4) Waivers.--A State may waive the requirements set forth 
        in subparagraphs (A) through (C) of subsection (c)(1) in 
        exceptional circumstances, such as the incapacitation of the 
        registrant.
            (5) Applications by electronic means.--To meet the 
        requirements of this section, for applications by electronic 
        means, through the mail or by phone or fax, a State shall 
        employ third party verification, or equivalent verification, of 
        the identity of the requestor.
            (6) Verification of documents.--To meet the requirements of 
        this section, a State shall verify the documents used to 
        provide proof of identity of the requestor.
    (d) Other Requirements.--To meet the requirements of this section, 
a State shall adopt, at a minimum, the following practices in the 
issuance and administration of birth certificates:
            (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 electronic database that--
                    (A) is maintained in a physically secure 
                environment so that unauthorized access can be 
                prevented;
                    (B) is linked through the Electronic Verification 
                of Vital Event System (EVVES) established under section 
                345 or an equivalent system to 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; and
                    (C) incorporates within its records, to ensure 
                process integrity, the full legal name of any 
                authorized requestor, the date of the request, and the 
                relationship to the person whose birth is recorded on 
                the birth certificate.
            (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''.
            (8) Cooperate with the Secretary in the implementation of 
        electronic verification of vital events under section 345.

SEC. 344. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH REGISTRATION 
              SYSTEMS.

    In consultation with the Secretary of Health and Human Services and 
the Commissioner of Social Security, the Secretary shall take the 
following actions:
            (1) Work with the States to establish a common data set and 
        common data exchange protocol for electronic birth registration 
        systems and death registration systems.
            (2) Coordinate requirements for such systems to align with 
        a national model.
            (3) Ensure that fraud prevention is built into the design 
        of electronic vital registration systems in the collection of 
        vital event data, the issuance of birth certificates, and the 
        exchange of data among government agencies.
            (4) Ensure that electronic systems for issuing birth 
        certificates, in the form of printed abstracts of birth records 
        or digitized images, employ a common format of the certified 
        copy, so that those requiring such documents can quickly 
        confirm their validity.
            (5) Establish uniform field requirements for State birth 
        registries.
            (6) Not later than 1 year after the date of the enactment 
        of this Act, establish a process with the Department of Defense 
        that will result in the sharing of data, with the States and 
        the Social Security Administration, regarding deaths of United 
        States military personnel and the birth and death of their 
        dependents.
            (7) Not later than 1 year after the date of the enactment 
        of this Act, establish a process with the Department of State 
        to improve registration, notification, and the sharing of data 
        with the States and the Social Security Administration, 
        regarding births and deaths of United States citizens abroad.
            (8) Not later than 3 years after the date of establishment 
        of databases provided for under this section, require States to 
        record and retain electronic records of pertinent 
        identification information collected from requestors who are 
        not the registrants.
            (9) Not later than 6 months after the date of the enactment 
        of this Act, submit to Congress, a report on whether there is a 
        need for Federal laws to address penalties for fraud and misuse 
        of vital records and whether violations are sufficiently 
        enforced.

SEC. 345. ELECTRONIC VERIFICATION OF VITAL EVENTS.

    (a) Lead Agency.--The Secretary shall lead the implementation of 
the Electronic Verification of Vital Events System for the purpose of 
verifying a person's birth and death.
    (b) 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 
the enactment of this Act.

SEC. 346. GRANTS TO STATES.

    (a) In General.--The Secretary is authorized to award grants to 
States to modernize State birth and death certificate records and 
otherwise to satisfy the requirements of this subtitle. On an expedited 
basis, the Secretary shall award grants or contracts for the purpose of 
improving the accuracy and electronic availability of States' records 
of births, deaths, and of other records necessary for implementation of 
the Electronic Verification of Vital Events System established in 
section 345, and as otherwise necessary to advance the purposes of this 
subtitle.
    (b) Regulation Compliance.--A State that does fails to certify the 
State's intent to comply with the regulations issued to implement this 
subtitle not later than December 31, 2013, or that does not submit a 
compliance plan acceptable to the Secretary is not eligible for a grant 
under subsection (a).
    (c) Duration.--Grants may be awarded under this section during 
fiscal years 2008 through 2012.
    (d) Eligible Recipients.--If the Secretary of Homeland Security 
determines that compliance with this subtitle can best be achieved by 
awarding grants or contracts to a State, a group of States, a 
government agency, a chartered nonprofit organization, or a private 
entity, the Secretary may utilize funds under this section to award 
such grants or contracts.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of the fiscal years 2008 through 
2012 such sums as may be necessary to carry out this chapter.

SEC. 347. AUTHORITY.

    (a) Participation With Federal Agencies and States.--All authority 
to issue regulations, certify standards, and issue grants under this 
chapter 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.
    (b) Extensions of Deadlines.--The Secretary may grant to a State an 
extension of time to meet the requirements of section 329(a)(1) if the 
State provides adequate justification for noncompliance.

SEC. 348. REPEAL.

    Section 7211 of Public Law 108-458 is repealed.

            Subtitle E--Stop the Misuse of ITINs Act of 2007

SEC. 351. SHORT TITLE.

    This subtitle may be cited as the ``Stop the Misuse of ITINs Act of 
2007''.

SEC. 352. NOTIFICATION OF EMPLOYMENT STATUS OF INDIVIDUALS NOT 
              AUTHORIZED TO WORK IN THE UNITED STATES.

    (a) In General.--Subsection (i) of section 6103 of the Internal 
Revenue Code of 1986 (relating to confidentiality and disclosure of 
returns and return information) is amended by adding at the end the 
following new paragraph:
            ``(9) Disclosure to secretary of homeland security of 
        employment information of employees not authorized to be 
        employed in united states.--
                    ``(A) In general.--If--
                            ``(i) the Secretary receives a return from 
                        any person or entity (hereafter in this 
                        paragraph referred to as the `employer') 
                        showing wages (as defined in section 3121(a)) 
                        paid to any employee, and
                            ``(ii) the TIN of such employee, as shown 
                        on such return, indicates that such employee is 
                        not authorized to be employed in the United 
                        States,
                the Secretary shall provide electronically to the 
                Secretary of Homeland Security the following 
                information as shown on such return: the name, address, 
                and TIN of such employee and the name, address, and 
                employer identification number of the employer.
                    ``(B) Notice to employer and employee.--Whenever 
                the Secretary sends a notice under subparagraph (A) 
                with respect to any employer and employee, the 
                Secretary also shall notify the employer and the 
                employee in writing that such employee is not 
                authorized to be employed in the United States and that 
                the employee's employment with the employer should be 
                terminated not later than the 30th day after the date 
                of the notice. Such notice shall also describe--
                            ``(i) the employer's obligations under this 
                        paragraph,
                            ``(ii) the employee's right under this 
                        paragraph to contest the determination that the 
                        employee is not authorized to be employed in 
                        the United States, and
                            ``(iii) the procedure under this paragraph 
                        for contesting such determination.
                    ``(C) Employee's right to contest.--
                            ``(i) Notice to employee.--If any employer 
                        receives such a notice from the Secretary with 
                        respect to an employee, the employer shall, 
                        within 3 business days after the date the 
                        employer received such notice, provide a copy 
                        of such notice to the employee.
                            ``(ii) Right to contest.--An employee may 
                        contest the accuracy of such notice during the 
                        30-day period beginning on the date that the 
                        employer provided the notice under clause (i) 
                        to the employee.
                            ``(iii) Contest procedure.--If, during such 
                        30-day period, the employee provides the 
                        employer with information substantiating such 
                        employee's claimed authorization to be employed 
                        in the United States, the employer shall, in 
                        such form and manner as the Secretary shall 
                        prescribe, provide to the Secretary--
                                    ``(I) the employee's name, address, 
                                and taxpayer identification number,
                                    ``(II) the employer's name, 
                                address, telephone number, and employer 
                                identification number, and
                                    ``(III) the information provided by 
                                the employee to the employer 
                                substantiating such employee's 
                                authorization to be employed in the 
                                United States.
                    ``(D) Verification from department of homeland 
                security.--
                            ``(i) Transmittal of inquiry.--Within 3 
                        business days after receiving the information 
                        described in subparagraph (C)(iii), the 
                        Secretary shall provide such information 
                        electronically to the Secretary of Homeland 
                        Security.
                            ``(ii) Response.--Within 7 business days 
                        after receiving such information, the Secretary 
                        of Homeland Security shall electronically 
                        notify the Secretary, and shall notify the 
                        employer and employee in writing, as to whether 
                        the employee is authorized to be employed in 
                        the United States.
                    ``(E) Suspension of obligation to terminate 
                employment until response received.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), if the employee meets the 
                        requirement of subparagraph (C)(iii), the 
                        employer's obligation to terminate the 
                        employment of such employee shall be suspended 
                        until the employer receives the notice 
                        described in subparagraph (D)(ii).
                            ``(ii) Timely response not received.--If 
                        the employer does not receive such notice 
                        before the 30th day after the close such 30-day 
                        period, the employer shall so notify the 
                        Secretary.
                    ``(F) Rebuttable presumption of violation of the 
                immigration and nationality act.--
                            ``(i) In general.--A rebuttable presumption 
                        is created that the employer has violated 
                        section 274A(a)(1)(A) of the Immigration and 
                        Nationality Act if--
                                    ``(I) the employer employs an 
                                individual with respect to whom a 
                                notice is received under subparagraph 
                                (B) after the 30 days described in such 
                                subparagraph,
                                    ``(II) the employer fails to notify 
                                the Secretary as required by 
                                subparagraph (E)(ii) and employs such 
                                individual, or
                                    ``(III) the employer refers the 
                                individual for employment after 
                                receiving a notice under subparagraph 
                                (B) with respect to such individual.
                            ``(ii) Exceptions.--
                                    ``(I) Suspension period.--Clause 
                                (i)(I) shall not apply during the 
                                suspension period described in 
                                subparagraph (E)(i).
                                    ``(II) Notice from secretary of 
                                homeland security.--Clause (i) shall 
                                cease to apply with respect to an 
                                individual after the date that the 
                                employer is notified by the Secretary 
                                of Homeland Security that such 
                                individual is authorized to be employed 
                                in the United States.
                    ``(G) Refunds denied.--No refund of any tax imposed 
                by this shall be made to any individual for any taxable 
                year during any portion of which such individual is 
                employed in the United States without being authorized 
                to be so employed.
                    ``(H) Special rules.--
                            ``(i) Protection from liability.--No 
                        employer shall be civilly or criminally liable 
                        under any law for any action taken in good 
                        faith reliance on information provided by the 
                        Secretary or the Secretary of Homeland Security 
                        with respect to any individual's eligibility to 
                        be employed in the United States.
                            ``(ii) Timely mailing treated as timely 
                        notice.--Rules similar to the rules of section 
                        7502 shall apply for purposes of this section.
                            ``(iii) Last known address of employee.--
                        Any notice required to be provided to an 
                        employee under this section shall be sufficient 
                        if mailed to the employee at the last known 
                        address of the employee.''.
    (b) Conforming Amendment.--Paragraph (4) of section 6103(p) of such 
Code is amended by striking ``(5) or (7)'' each place it appears and 
inserting ``(5), (7), or (9)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to returns received more than 180 days after the date of the 
enactment of this Act.

                       Subtitle F--Miscellaneous

SEC. 361. SHARING OF SOCIAL SECURITY DATA FOR IMMIGRATION ENFORCEMENT 
              PURPOSES.

    (a) Social Security Account Numbers.--Section 264(f) of the 
Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended to read 
as follows:
    ``(f) Notwithstanding any other provision of law (including section 
6103 of the Internal Revenue Code of 1986), the Secretary of Homeland 
Security, the Secretary of Labor, and the Attorney General are 
authorized to require an individual to provide the individual's social 
security account number for purposes of inclusion in any record of the 
individual maintained by either such Secretary or the Attorney General, 
or of inclusion in any application, document, or form provided under or 
required by the immigration laws.''.
    (b) Exchange of Information.--Section 290(c) of the Immigration and 
Nationality Act (8 U.S.C. 1360(c)) is amended by striking paragraph (2) 
and inserting the following new paragraphs:
            ``(2)(A) Notwithstanding any other provision of law 
        (including section 6103 of the Internal Revenue Code of 1986), 
        if earnings are reported on or after January 1, 1997, to the 
        Social Security Administration on a social security account 
        number issued to an alien not authorized to work in the United 
        States, the Commissioner of Social Security shall provide the 
        Secretary of Homeland Security with information regarding the 
        name, date of birth, and address of the alien, the name and 
        address of the person reporting the earnings, and the amount of 
        the earnings.
            ``(B) The information described in subparagraph (A) shall 
        be provided in an electronic form agreed upon by the 
        Commissioner and the Secretary.
            ``(3)(A) Notwithstanding any other provision of law 
        (including section 6103 of the Internal Revenue Code of 1986), 
        if a social security account number was used with multiple 
        names, the Commissioner of Social Security shall provide the 
        Secretary of Homeland Security with information regarding the 
        name, date of birth, and address of each individual who used 
        that social security account number, and the name and address 
        of the person reporting the earnings for each individual who 
        used that social security account number.
            ``(B) The information described in subparagraph (A) shall 
        be provided in an electronic form agreed upon by the 
        Commissioner and the Secretary for the sole purpose of 
        enforcing the immigration laws.
            ``(C) The Secretary, in consultation with the Commissioner, 
        may limit or modify the requirements of this paragraph, as 
        appropriate, to identify the cases posing the highest 
        possibility of fraudulent use of social security account 
        numbers related to violation of the immigration laws.
            ``(4)(A) Notwithstanding any other provision of law 
        (including section 6103 of the Internal Revenue Code of 1986), 
        if more than one person reports earnings for an individual 
        during a single tax year, the Commissioner of Social Security 
        shall provide the Secretary of Homeland Security information 
        regarding the name, date of birth, and address of the 
        individual, and the name and address of the each person 
        reporting earnings for that individual.
            ``(B) The information described in subparagraph (A) shall 
        be provided in an electronic form agreed upon by the 
        Commissioner and the Secretary for the sole purpose of 
        enforcing the immigration laws.
            ``(C) The Secretary, in consultation with the Commissioner, 
        may limit or modify the requirements of this paragraph, as 
        appropriate, to identify the cases posing the highest 
        possibility of fraudulent use of social security account 
        numbers related to violation of the immigration laws.
            ``(5)(A) The Commissioner of Social Security shall perform, 
        at the request of the Secretary of Homeland Security, a search 
        or manipulation of records held by the Commissioner if the 
        Secretary certifies that the purpose of the search or 
        manipulation is to obtain information that is likely to assist 
        in identifying individuals (and their employers) who are using 
        false names or social security account numbers, who are sharing 
        a single valid name and social security account number among 
        multiple individuals, who are using the social security account 
        number of a person who is deceased, too young to work, or not 
        authorized to work, or who are otherwise engaged in a violation 
        of the immigration laws. The Commissioner shall provide the 
        results of such search or manipulation to the Secretary, 
        notwithstanding any other provision law (including section 6103 
        of the Internal Revenue Code of 1986).
            ``(B) The Secretary shall transfer to the Commissioner the 
        funds necessary to cover the costs directly incurred by the 
        Commissioner in carrying out each search or manipulation 
        requested by the Secretary under subparagraph (A).''.
    (c) False Claims of Citizenship by Nationals of the United 
States.--Section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(6)(C)(ii)(I)) is amended by inserting ``or 
national'' after ``citizen''.

SEC. 362. 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 fewer than 2,000, the number of positions 
dedicated to enforcing compliance with sections 274 and 274A of the 
Immigration and Nationality Act (8 U.S.C. 1324 and 1324a) during the 
five year period beginning on October 1, 2008.
    (b) Fraud Detection.--The Secretary of Homeland Security shall, 
subject to the availability of appropriations for such purpose, 
increase by not fewer than 1,000 the number of positions for 
Immigration Enforcement Agents dedicated to immigration fraud detection 
during the five year period beginning on October 1, 2008.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for each of fiscal 
years 2008 through 2012 such sums as may be necessary to carry out this 
section.

            TITLE IV--TEMPORARY AGRICULTURAL WORKER PROGRAM

SEC. 401. ADMISSION OF TEMPORARY H-2A WORKERS.

    (a) Procedure for Admission.--Section 218 of the Immigration and 
Nationality Act (8 U.S.C. 1188) is amended to read as follows:

                 ``admission of temporary h-2a workers

    ``Sec. 218.  (a) Definitions.--In this section:
            ``(1) Area of employment.--The term `area of employment' 
        means the area within normal commuting distance of the worksite 
        or physical location where the work of the H-2A worker is or 
        will be performed. If such work site or location is within a 
        Metropolitan Statistical Area, any place within such area shall 
        be considered to be within the area of employment.
            ``(2) Displace.--The term `displace' means to lay off a 
        worker from a job that is essentially equivalent to the job for 
        which an H-2A worker is sought. A job shall not be considered 
        to be `essentially equivalent' to another job unless the job--
                    ``(A) involves essentially the same 
                responsibilities as such other job;
                    ``(B) was held by a United States worker with 
                substantially equivalent qualifications and experience; 
                and
                    ``(C) is located in the same area of employment as 
                the other job.
            ``(3) Eligible individual.--The term `eligible individual' 
        means an individual who is not an unauthorized alien (as 
        defined in section 274A(h)(3)) with respect to the employment 
        of the individual.
            ``(4) Employer.--The term `employer' means an employer who 
        hires workers to perform agricultural employment.
            ``(5) H-2A worker.--The term `H-2A worker' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(a).
            ``(6) Lay off.--
                    ``(A) In general.--The term `lay off'--
                            ``(i) means to cause a worker's loss of 
                        employment, other than through a discharge for 
                        inadequate performance, violation of workplace 
                        rules, cause, voluntary departure, voluntary 
                        retirement, or the expiration of a grant or 
                        contract (other than a temporary employment 
                        contract entered into in order to evade a 
                        condition described in paragraph (3) or (7) of 
                        subsection (b)); and
                            ``(ii) does not include any situation in 
                        which the worker is offered, as an alternative 
                        to such loss of employment, a similar 
                        employment opportunity with the same employer 
                        (or, in the case of a placement of a worker 
                        with another employer under subsection (h)(2), 
                        with either employer described in such 
                        subsection) at equivalent or higher 
                        compensation and benefits than the position 
                        from which the employee was discharged, 
                        regardless of whether or not the employee 
                        accepts the offer.
                    ``(B) Construction.--Nothing in this paragraph is 
                intended to limit an employee's rights under a 
                collective bargaining agreement or other employment 
                contract.
            ``(7) Prevailing wage.--The term `prevailing wage' means 
        the wage rate that includes the 51st percentile of employees 
        with similar experience and qualifications in the agricultural 
        occupation in the area of intended employment, calculated using 
        the same methodology used by the Department of Labor to 
        determine prevailing wage for the purpose of the program 
        described in section 101(a)(15)(H)(ii)(b) during 2007, and 
        expressed in terms of the prevailing method of pay for the 
        occupation in the area of intended employment.
            ``(8) United states worker.--The term `United States 
        worker' means any worker who is--
                    ``(A) a national of the United States; or
                    ``(B) a person admitted for permanent resident 
                status under section 245 of the Immigration and 
                Nationality Act (8 U.S.C. 1255).
    ``(b) Petition.--An alien may not be admitted as an H-2A worker 
unless an employer has filed with the Secretary of Homeland Security a 
petition attesting to the following:
            ``(1) Temporary work or services.--
                    ``(A) In general.--The employer is seeking to 
                employ a specific number of agricultural workers on a 
                temporary basis and will provide compensation to such 
                workers at a specified wage rate and under specified 
                conditions.
                    ``(B) Definition.--For purposes of this paragraph, 
                a worker is employed on a temporary basis if the 
                employer intends to employ the worker for no longer 
                than 10 months during any contract period.
            ``(2) Benefits, wages, and working conditions.--The 
        employer will provide, at a minimum, the benefits, wages, and 
        working conditions required by subsection (j) to all workers 
        employed in the jobs for which the H-2A worker is sought and to 
        all other temporary workers in the same occupation at the place 
        of employment.
            ``(3) Nondisplacement of united states workers.--The 
        employer did not displace and will not displace a United States 
        worker employed by the employer during the period of employment 
        of the H-2A worker and during the 30-day period immediately 
        preceding such period of employment in the occupation at the 
        place of employment for which the employer seeks approval to 
        employ H-2A workers.
            ``(4) Recruitment.--
                    ``(A) In general.--The employer--
                            ``(i) conducted adequate recruitment in the 
                        area of intended employment before filing the 
                        attestation; and
                            ``(ii) was unsuccessful in locating a 
                        qualified United States worker for the job 
                        opportunity for which the H-2A worker is 
                        sought.
                    ``(B) Other requirements.--The recruitment 
                requirement under subparagraph (A) is satisfied if the 
                employer places--
                            ``(i) a local job order with the State 
                        workforce agency serving the local area where 
                        the work will be performed, except that nothing 
                        in this clause shall require the employer to 
                        file an interstate job order under section 653 
                        of title 20, Code of Federal Regulations; and
                            ``(ii) a Sunday advertisement in a 
                        newspaper of general circulation in the area of 
                        intended employment.
                    ``(C) Advertisement requirement.--The advertisement 
                requirement under subparagraph (B)(ii) is satisfied if 
                the advertisement--
                            ``(i) names the employer;
                            ``(ii) directs applicants to contact the 
                        employer;
                            ``(iii) provides a description of the 
                        vacancy that is specific enough to apprise 
                        United States workers of the job opportunity 
                        for which certification is sought;
                            ``(iv) describes the geographic area with 
                        enough specificity to apprise applicants of any 
                        travel requirements and where applicants will 
                        likely have to reside to perform the job; and
                            ``(v) states the rate of pay, which shall 
                        not be less than the wage paid for the 
                        occupation in the area of intended employment.
                    ``(D) End of recruitment requirement.--The 
                requirement to recruit United States workers shall 
                terminate on the first day of the contract period that 
                work begins.
            ``(5) Offers to united states workers.--The employer has 
        offered or will offer the job for which the H-2A worker is 
        sought to any eligible United States worker who--
                    ``(A) applies;
                    ``(B) is qualified for the job; and
                    ``(C) will be available at the time and place of 
                need.
            ``(6) Provision of insurance.--If the job for which the H-
        2A worker is sought is not covered by State workers' 
        compensation law, the employer will provide, at no cost to the 
        worker, insurance covering injury and disease arising out of, 
        and in the course of, the worker's employment, which will 
        provide benefits at least equal to those provided under the 
        State workers' compensation law for comparable employment.
            ``(7) Requirements for placement of h-2a workers with other 
        employers.--A nonimmigrant who is admitted into the United 
        States as an H-2A worker may be transferred to another employer 
        that has certified to the Secretary of Homeland Security that 
        it has filed a petition under this subsection and is in 
        compliance with this section. The Secretary of Homeland 
        Security shall establish a process for the approval and 
        reissuance of visas for such transferred H-2A workers as 
        necessary.
            ``(8) Strike or lockout.--There is not a strike or lockout 
        in the course of a labor dispute which, under regulations 
        promulgated by the Secretary of Labor, precludes the hiring of 
        H-2A workers.
            ``(9) Previous violations.--The employer has not, during 
        the previous two-year period, employed H-2A workers and 
        knowingly violated a material term or condition of approval 
        with respect to the employment of domestic or nonimmigrant 
        workers, as determined by the Secretary of Labor after notice 
        and opportunity for a hearing.
    ``(c) Public Examination.--Not later than 1 working day after the 
date on which a petition under this section is filed, the employer 
shall make a copy of each such petition available for public 
examination, at the employer's principal place of business or worksite.
    ``(d) List.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        maintain a list of the petitions filed under subsection (b), 
        which shall--
                    ``(A) be sorted by employer; and
                    ``(B) include the number of H-2A workers sought, 
                the wage rate, the period of intended employment, and 
                the date of need for each alien.
            ``(2) Availability.--The Secretary of Homeland Security 
        shall, at least monthly, submit a copy of the list described in 
        paragraph (1) to the Secretary of Labor, who shall make the 
        list available for public examination.
    ``(e) Petitioning for Admission.--
            ``(1) In general.--An employer, or an association acting as 
        an agent or joint employer for its members, that seeks the 
        admission into the United States of an H-2A worker shall file 
        with the Secretary of Homeland Security a petition that 
        includes the attestations described in subsection (b).
            ``(2) Consideration of petitions.--For each petition filed 
        and considered under this subsection--
                    ``(A) the Secretary of Homeland Security may not 
                require such petition to be filed more than 28 days 
                before the first date the employer requires the labor 
                or services of the H-2A worker; and
                    ``(B) unless the Secretary of Homeland Security 
                determines that the petition is incomplete or obviously 
                inaccurate, the Secretary, not later than 7 days after 
                the date on which such petition was filed, shall either 
                approve or reject the petition.
            ``(3) Expedited adjudication.--The Secretary of Homeland 
        Security shall--
                    ``(A) establish a procedure for expedited 
                adjudication of petitions filed under this subsection; 
                and
                    ``(B) not later than 7 working days after such 
                filing, transmit, by fax, cable, or other means 
                assuring expedited delivery, a copy of notice of action 
                on the petition--
                            ``(i) in the case of approved petitions, to 
                        the petitioner, the Secretary of Labor, and to 
                        the appropriate immigration officer at the port 
                        of entry or United States consulate where the 
                        petitioner has indicated that the alien 
                        beneficiary or beneficiaries will apply for a 
                        visa or admission to the United States; and
                            ``(ii) in the case of denied petitions, to 
                        the petitioner, including reasons for the 
                        denial and instructions on how to appeal such 
                        denial.
            ``(4) Petition agreements.--By filing an H-2A petition, a 
        petitioner and each employer consents to allow access to the 
        site where the labor is being performed to the Department of 
        Labor, the Department of Homeland Security, or a State agency 
        for the purpose of investigations to determine compliance with 
        H-2A requirements.
    ``(f) Roles of Agricultural Associations.--
            ``(1) Permitting filing by agricultural associations.--A 
        petition to hire an alien as a temporary agricultural worker 
        may be filed by an association of agricultural employers which 
        use agricultural services.
            ``(2) Treatment of associations acting as employers.--If an 
        association is a joint or sole employer of temporary 
        agricultural workers, such workers may be transferred among its 
        members to perform agricultural services of a temporary nature 
        for which the petition was approved.
            ``(3) Treatment of violations.--
                    ``(A) Individual member.--If an individual member 
                of a joint employer association violates any condition 
                for approval with respect to the member's petition, the 
                Secretary of Homeland Security shall deny such petition 
                only with respect to that member of the association 
                unless the Secretary of Labor determines that the 
                association or other member participated in, had 
                knowledge of, or had reason to know of the violation.
                    ``(B) Association of agricultural employers.--
                            ``(i) Joint employer.--If an association 
                        representing agricultural employers as a joint 
                        employer violates any condition for approval 
                        with respect to the association's petition, the 
                        Secretary of Homeland Security shall deny such 
                        petition only with respect to the association 
                        and may not apply the denial to any individual 
                        member of the association, unless the Secretary 
                        of Labor determines that the member 
                        participated in, had knowledge of, or had 
                        reason to know of the violation.
                            ``(ii) Sole employer.--If an association of 
                        agricultural employers approved as a sole 
                        employer violates any condition for approval 
                        with respect to the association's petition, no 
                        individual member of such association may be 
                        the beneficiary of the services of temporary 
                        alien agricultural workers admitted under this 
                        section in the occupation in which such aliens 
                        were employed by the association which was 
                        denied approval during the period such denial 
                        is in force, unless such member employs such 
                        aliens in the occupation in question directly 
                        or through an association which is a joint 
                        employer of such workers with the member.
    ``(g) Expedited Administrative Appeals.--The Secretary of Homeland 
Security shall promulgate regulations to provide for an expedited 
procedure--
            ``(1) for the review of a denial of a petition under this 
        section by the Secretary; or
            ``(2) at the petitioner's request, for a de novo 
        administrative hearing respecting the denial.
    ``(h) Miscellaneous Provisions.--
            ``(1) Endorsement of documents.--The Secretary of Homeland 
        Security shall provide for the endorsement of entry and exit 
        documents of H-2A workers as may be necessary to carry out this 
        section and to provide notice for purposes of section 274A.
            ``(2) Preemption of state laws.--The provisions of 
        subsections (a) and (c) of section 214 and the provisions of 
        this section preempt any State or local law regulating 
        admissibility of nonimmigrant workers.
            ``(3) Fees.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may require, as a condition of approving the 
                petition, the payment of a fee, in accordance with 
                subparagraph (B), to recover the reasonable cost of 
                processing petitions.
                    ``(B) Fee by type of employee.--
                            ``(i) Single employer.--An employer whose 
                        petition for temporary alien agricultural 
                        workers is approved shall, for each approved 
                        petition, pay a fee that--
                                    ``(I) subject to subclause (II), is 
                                equal to $100 plus $10 for each 
                                approved H-2A worker; and
                                    ``(II) does not exceed $1,000.
                            ``(ii) Association.--Each employer-member 
                        of a joint employer association whose petition 
                        for H-2A workers is approved shall, for each 
                        such approved petition, pay a fee that--
                                    ``(I) subject to subclause (II), is 
                                equal to $100 plus $10 for each 
                                approved H-2A worker; and
                                    ``(II) does not exceed $1,000.
                            ``(iii) Limitation on association fees.--A 
                        joint employer association under clause (ii) 
                        shall not be charged a separate fee.
                    ``(C) Method of payment.--The fees collected under 
                this paragraph shall be paid by check or money order to 
                the Department of Homeland Security. In the case of 
                employers of H-2A workers that are members of a joint 
                employer association petitioning applying on their 
                behalf, the aggregate fees for all employers of H-2A 
                workers under the petition may be paid by 1 check or 
                money order.
            ``(4) Employment verification program.--
                    ``(A) In general.--Not later than 12 months after 
                the date of enactment of this paragraph, the Secretary 
                of Homeland Security shall establish a mandatory 
                employment verification program for all employers of H-
                2A workers to verify the eligibility of all individuals 
                hired by each such employer, including those who 
                present an H-2A visa to work in the United States.
                    ``(B) Employer compliance.--Each employer of an H-
                2A worker shall comply with the requirements 
                promulgated by the Secretary of Homeland Security to 
                verify the identity and employment eligibility of all 
                individuals hired.
                    ``(C) Regulations.--In carrying out the program 
                under this paragraph, the Secretary of Homeland 
                Security shall promulgate regulations to require each 
                employer to verify the employment eligibility of each 
                employee hired through--
                            ``(i) a secure Internet site;
                            ``(ii) a machine capable of reading the H-
                        2A visa, which shall serve as the 
                        identification and employment eligibility 
                        document for each H-2A alien; or
                            ``(iii) a toll-free telephone number to 
                        check the accuracy of any social security 
                        number presented to the employer.
    ``(i) Enforcement.--
            ``(1) Investigations and audits.--The Secretary of Labor 
        shall be responsible for conducting investigations and random 
        audits of employer work sites to ensure compliance with the 
        requirements of the H-2A program and all other requirements 
        under this Act. All monetary fines levied against violating 
        employers shall be paid to the Department of Labor and used to 
        enhance the Department of Labor's investigatory and auditing 
        power.
            ``(2) Failure to meet conditions.--If the Secretary of 
        Labor finds, after notice and opportunity for a hearing, a 
        failure to meet a condition of subsection (a), or a material 
        misrepresentation of fact in a petition under subsection (a)--
                    ``(A) the Secretary of Labor--
                            ``(i) shall notify the Secretary of 
                        Homeland Security of such finding; and
                            ``(ii) may, in addition, impose such other 
                        administrative remedies (including civil money 
                        penalties in an amount not to exceed $1,000 per 
                        violation) as the Secretary of Labor determines 
                        to be appropriate; and
                    ``(B) the Secretary of Homeland Security may 
                disqualify the employer from the employment of H-2A 
                workers for a period of 1 year.
            ``(3) Penalties for willful failure.--If the Secretary of 
        Labor finds, after notice and opportunity for a hearing, a 
        willful failure to meet a material condition of subsection (a), 
        or a willful misrepresentation of a material fact in a petition 
        under subsection (a)--
                    ``(A) the Secretary of Labor--
                            ``(i) shall notify the Secretary of 
                        Homeland Security of such finding; and
                            ``(ii) may, in addition, impose such other 
                        administrative remedies (including civil money 
                        penalties in an amount not to exceed $5,000 per 
                        violation) as the Secretary of Labor determines 
                        to be appropriate;
                    ``(B) the Secretary of Homeland Security may--
                            ``(i) disqualify the employer from the 
                        employment of H-2A workers for a period of 2 
                        years;
                            ``(ii) for a second violation, the 
                        Secretary of Homeland Security may disqualify 
                        the employer from the employment of H-2A 
                        workers for a period of 5 years; and
                            ``(iii) for a third violation, the 
                        Secretary of Homeland Security may permanently 
                        disqualify the employer from the employment of 
                        H-2A workers.
            ``(4) Penalties for displacement of united states 
        workers.--If the Secretary of Labor finds, after notice and 
        opportunity for a hearing, a willful failure to meet a material 
        condition of subsection (a) or a willful misrepresentation of a 
        material fact in a petition under subsection (a), in the course 
        of which failure or misrepresentation the employer displaced a 
        United States worker employed by the employer during the period 
        of employment on the employer's petition under subsection (a) 
        or during the period of 30 days preceding such period of 
        employment--
                    ``(A) the Secretary of Labor--
                            ``(i) shall notify the Secretary of 
                        Homeland Security of such finding; and
                            ``(ii) may, in addition, impose such other 
                        administrative remedies (including civil money 
                        penalties in an amount not to exceed $15,000 
                        per violation) as the Secretary of Labor 
                        determines to be appropriate; and
                    ``(B) the Secretary of Homeland Security may--
                            ``(i) disqualify the employer from the 
                        employment of H-2A workers for a period of 5 
                        years; and
                            ``(ii) for a second violation, permanently 
                        disqualify the employer from the employment of 
                        H-2A workers.
            ``(5) Limitations on civil money penalties.--The Secretary 
        of Labor may not impose total civil money penalties with 
        respect to a petition under subsection (b) in excess of 
        $90,000.
    ``(j) Failure To Pay Wages or Required Benefits.--
            ``(1) Assessment.--If the Secretary of Labor finds, after 
        notice and opportunity for a hearing, that the employer has 
        failed to pay the wages, transportation, subsistence 
        reimbursement, or guarantee of employment attested by the 
        employer under subsection (b)(2), the Secretary of Labor shall 
        assess payment of back wages, or other required benefits, due 
        any United States worker or H-2A worker employed by the 
        employer in the specific employment in question.
            ``(2) Amount.--The back wages or other required benefits 
        described in paragraph (1)--
                    ``(A) shall be equal to the difference between the 
                amount that should have been paid and the amount that 
                was paid to such worker; and
                    ``(B) shall be distributed to the worker to whom 
                such wages are due.
    ``(k) Minimum Wages, Benefits, and Working Conditions.--
            ``(1) Preferential treatment of aliens prohibited.--
                    ``(A) In general.--Each employer seeking to hire 
                United States workers shall offer such workers not less 
                than the same benefits, wages, and working conditions 
                that the employer is offering, intends to offer, or 
                will provide to H-2A workers. No job offer may impose 
                on United States workers any restrictions or 
                obligations which will not be imposed on the employer's 
                H-2A workers.
                    ``(B) Interpretation.--Every interpretation and 
                determination made under this section or under any 
                other law, regulation, or interpretative provision 
                regarding the nature, scope, and timing of the 
                provision of these and any other benefits, wages, and 
                other terms and conditions of employment shall be made 
                so that--
                            ``(i) the services of workers to their 
                        employers and the employment opportunities 
                        afforded to workers by the employers, including 
                        those employment opportunities that require 
                        United States workers or H-2A workers to travel 
                        or relocate in order to accept or perform 
                        employment--
                                    ``(I) mutually benefit such 
                                workers, as well as their families, and 
                                employers; and
                                    ``(II) principally benefit neither 
                                employer nor employee; and
                            ``(ii) employment opportunities within the 
                        United States benefit the United States 
                        economy.
            ``(2) Required wages.--
                    ``(A) In general.--Each employer petitioning for 
                workers under subsection (b) shall pay not less than 
                the greater of--
                            ``(i) the prevailing wage to all workers in 
                        the occupation for which the employer has 
                        petitioned for workers; or
                            ``(ii) the applicable State minimum wage.
                    ``(B) Determination of wages.--An employer seeking 
                to comply with subparagraph (A) may--
                            ``(i) request and obtain a prevailing wage 
                        determination from the State employment agency; 
                        or
                            ``(ii) rely on other wage information, 
                        including a survey of the prevailing wages of 
                        workers in the occupation in the area of 
                        employment that has been conducted or funded by 
                        the employer or a group of employers, using the 
                        methodology used by the Secretary of Labor to 
                        establish Occupational Employment and Wage 
                        estimate, or another methodology approved by 
                        the Secretary of Labor for the purpose of 
                        determining H-2A wages.
                    ``(C) Compliance.--An employer shall be considered 
                to have complied with the requirement under 
                subparagraph (A) if the employer--
                            ``(i)(I) obtains a prevailing wage 
                        determination under subparagraph (C)(i); or
                            ``(II) relies on a qualifying survey of 
                        prevailing wages; and
                            ``(ii) pays such prevailing wage.
            ``(3) Reimbursement of transportation costs.--
                    ``(A) Requirement for reimbursement.--An H-2A 
                worker who completes 50 percent of the period of 
                employment of the job for which the worker was hired, 
                beginning on the first day of such employment, shall be 
                reimbursed by the employer for the cost of the worker's 
                transportation and subsistence from--
                            ``(i) the place from which the H-2A worker 
                        was approved to enter the United States to the 
                        location at which the work for the employer is 
                        performed; or
                            ``(ii) if the H-2A worker traveled from a 
                        place in the United States at which the H-2A 
                        worker was last employed, from such place of 
                        last employment to the location at which the 
                        work for the employer is performed.
                    ``(B) Timing of reimbursement.--Reimbursement to 
                the worker of expenses for the cost of the worker's 
                transportation and subsistence to the place of 
                employment under subparagraph (A) shall be considered 
                timely if such reimbursement is made not later than the 
                worker's first regular payday after a worker completes 
                50 percent of the period of employment of the job 
                opportunity as provided under this paragraph.
                    ``(C) Additional reimbursement.--A worker who 
                completes the period of employment for the job 
                opportunity involved shall be reimbursed by the 
                employer for the cost of the worker's transportation 
                and subsistence from the work site to the place where 
                the worker was approved to enter the United States to 
                work for the employer. If the worker has contracted 
                with a subsequent employer, the previous and subsequent 
                employer shall share the cost of the worker's 
                transportation and subsistence from work site to work 
                site.
                    ``(D) Limitation.--
                            ``(i) Amount of reimbursement.--The amount 
                        of reimbursement provided to a worker or alien 
                        under this paragraph shall be equal to the 
                        lesser of--
                                    ``(I) the actual cost to the worker 
                                or alien of the transportation and 
                                subsistence involved; or
                                    ``(II) the most economical and 
                                reasonable common carrier 
                                transportation charges and subsistence 
                                costs for the distance involved.
                            ``(ii) Distance traveled.--No reimbursement 
                        under subparagraph (A) or (B) shall be required 
                        if the distance traveled is 100 miles or less.
                    ``(E) Reimbursement for laid off workers.--If the 
                worker is laid off or employment is terminated for 
                contract impossibility (as described in paragraph 
                (5)(D)) before the anticipated ending date of 
                employment, the employer shall provide--
                            ``(i) the transportation and subsistence 
                        required under subparagraph (C); and
                            ``(ii) notwithstanding whether the worker 
                        has completed 50 percent of the period of 
                        employment, the transportation reimbursement 
                        required under subparagraph (A).
                    ``(F) Construction.--Nothing in this paragraph 
                shall be construed to require an employer to reimburse 
                visa, passport, consular, or international 
                bordercrossing fees or any other fees associated with 
                the H-2A worker's lawful admission into the United 
                States to perform employment that may be incurred by 
                the worker.
            ``(4) Employment guarantee.--
                    ``(A) In general.--
                            ``(i) Requirement.--Each employer 
                        petitioning for workers under subsection (b) 
                        shall guarantee to offer the worker employment 
                        for the hourly equivalent of not less than 75 
                        percent of the work hours during the total 
                        anticipated period of employment, beginning 
                        with the first work day after the arrival of 
                        the worker at the place of employment and 
                        ending on the expiration date specified in the 
                        job offer.
                            ``(ii) Failure to meet guarantee.--If the 
                        employer affords the United States worker or 
                        the H-2A worker less employment than that 
                        required under this subparagraph, the employer 
                        shall pay such worker the amount which the 
                        worker would have earned if the worker had 
                        worked for the guaranteed number of hours.
                            ``(iii) Period of employment.--For purposes 
                        of this subparagraph, the term `period of 
                        employment' means the total number of 
                        anticipated work hours and workdays described 
                        in the job offer and shall exclude the worker's 
                        Sabbath and Federal holidays.
                    ``(B) Calculation of hours.--Any hours which the 
                worker fails to work, up to a maximum of the number of 
                hours specified in the job offer for a work day, when 
                the worker has been offered an opportunity to do so, 
                and all hours of work actually performed (including 
                voluntary work in excess of the number of hours 
                specified in the job offer in a work day, on the 
                worker's Sabbath, or on Federal holidays) may be 
                counted by the employer in calculating whether the 
                period of guaranteed employment has been met.
                    ``(C) Limitation.--If the worker voluntarily 
                abandons employment before the end of the contract 
                period, or is terminated for cause, the worker is not 
                entitled to the 75 percent guarantee described in 
                subparagraph (A).
                    ``(D) Termination of employment.--
                            ``(i) In general.--If, before the 
                        expiration of the period of employment 
                        specified in the job offer, the services of the 
                        worker are no longer required due to any form 
                        of natural disaster, including flood, 
                        hurricane, freeze, earthquake, fire, drought, 
                        plant or animal disease, pest infestation, 
                        regulatory action, or any other reason beyond 
                        the control of the employer before the 
                        employment guarantee in subparagraph (A) is 
                        fulfilled, the employer may terminate the 
                        worker's employment.
                            ``(ii) Requirements.--If a worker's 
                        employment is terminated under clause (i), the 
                        employer shall--
                                    ``(I) fulfill the employment 
                                guarantee in subparagraph (A) for the 
                                work days that have elapsed during the 
                                period beginning on the first work day 
                                after the arrival of the worker and 
                                ending on the date on which such 
                                employment is terminated; and
                                    ``(II) make efforts to transfer the 
                                United States worker to other 
                                comparable employment acceptable to the 
                                worker.
    ``(l) Expedited Adjudication by the Secretary.--The Secretary of 
Homeland Security--
            ``(1) shall establish a procedure for expedited 
        adjudication of petitions filed under subsection (e); and
            ``(2) not later than 7 working days after such filing 
        shall, by fax, cable, or other means assuring expedited 
        delivery transmit a copy of notice of action on the petition--
                    ``(A) to the petitioner; and
                    ``(B) in the case of approved petitions, to the 
                appropriate immigration officer at the port of entry or 
                United States consulate (as the case may be) where the 
                petitioner has indicated that the alien beneficiary (or 
                beneficiaries) will apply for a visa or admission to 
                the United States.
    ``(m) Period of Admission.--
            ``(1) In general.--An H-2A worker shall be admitted for a 
        period of employment, not to exceed 10 months, that includes--
                    ``(A) a period of not more than 7 days prior to the 
                beginning of the period of employment for the purpose 
                of travel to the work site; and
                    ``(B) a period of not more than 14 days following 
                the period of employment for the purpose of departure 
                or extension based on a subsequent offer of employment.
            ``(2) Employment limitation.--An alien may not be employed 
        during the 14-day period described in paragraph (1)(B) except 
        in the employment for which the alien was previously 
        authorized.
            ``(3) Construction.--Nothing in this subsection shall limit 
        the authority of the Secretary of Homeland Security to extend 
        the stay of an alien under any other provision of this Act.
    ``(n) Abandonment of Employment.--
            ``(1) In general.--An alien admitted or provided status 
        under section 101(a)(15)(H)(ii)(a) who abandons the employment 
        which was the basis for such admission or status--
                    ``(A) shall have failed to maintain nonimmigrant 
                status as an H-2A worker; and
                    ``(B) shall depart the United States or be subject 
                to removal under section 237(a)(1)(C)(i).
            ``(2) Report by employer.--Not later than 24 hours after 
        the abandonment of employment by an H-2A worker, the employer 
        or association acting as an agent for the employer, shall 
        notify the Secretary of Homeland Security of such abandonment.
            ``(3) Removal.--The Secretary of Homeland Security shall 
        promptly remove from the United States any H-2A worker who 
        violates any term or condition of the worker's nonimmigrant 
        status.
            ``(4) Voluntary termination.--Notwithstanding paragraph 
        (1), an alien may voluntarily terminate the alien's employment 
        if the alien promptly departs the United States upon 
        termination of such employment.
    ``(o) Replacement of Alien.--
            ``(1) In general.--Upon notification under subsection 
        (p)(2)--
                    ``(A) the Secretary of State shall promptly issue a 
                visa to, and the Secretary of Homeland Security shall 
                admit into the United States, an eligible alien 
                designated by the employer to replace an H-2A worker 
                who abandons or prematurely terminates employment; and
                    ``(B) the Secretary of Homeland Security shall 
                admit such alien into the United States.
            ``(2) Construction.--Nothing in this subsection shall limit 
        any preference for which United States workers are eligible 
        under this Act.
    ``(p) Identification Document.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        provide each authorized H-2A worker with a single machine-
        readable, tamper-resistant, and counterfeit-resistant document 
        that--
                    ``(A) authorizes the alien's entry into the United 
                States;
                    ``(B) serves, for the appropriate period, as an 
                employment eligibility document; and
                    ``(C) verifies the identity of the alien.
            ``(2) Form.--
                    ``(A) The document shall be--
                            ``(i) in a form that is resistant to 
                        counterfeiting and to tampering; and
                            ``(ii) compatible with--
                                    ``(I) other databases of the 
                                Secretary of Homeland Security for the 
                                purpose of excluding an alien from 
                                benefits for which an alien is not 
                                eligible and determining whether the 
                                alien is unlawfully present in the 
                                United States; and
                                    ``(II) law enforcement databases 
                                for the purpose of determining if an 
                                alien has been convicted of criminal 
                                offenses.
                    ``(B) As soon as practicable, the document shall 
                include a biometric identifier. The determination of a 
                biometric identifier to be used for such purposes shall 
                take into account factors such as efficiency, accuracy, 
                the technology available, economic considerations, and 
                storage requirements.
    ``(q) Extension of Stay of H-2A Workers in the United States.--
            ``(1) Extension of stay.--If an employer seeks approval to 
        employ an H-2A worker who is lawfully present in the United 
        States, the petition filed by the employer or an association 
        pursuant to subsection (p) shall request an extension of the 
        alien's stay and, if applicable, a change in the alien's 
        employment.
            ``(2) Limitation on filing petition for extension of 
        stay.--A petition may not be filed for an extension of an 
        alien's stay for a period of more than 10 months.
            ``(3) Work authorization upon filing petition for extension 
        of stay.--
                    ``(A) In general.--An alien who is lawfully present 
                in the United States on the date of the filing of a 
                petition to extend the stay of the alien may commence 
                or continue the employment described in a petition 
                under paragraph (1). The employer shall provide a copy 
                of the employer's petition for extension of stay to the 
                alien. The alien shall keep the petition with the 
                alien's identification and employment eligibility 
                document, as evidence that the petition has been filed 
                and that the alien is authorized to work in the United 
                States.
                    ``(B) Employment eligibility document.--Upon 
                approval of a petition for an extension of stay or 
                change in the alien's authorized employment, the 
                Secretary of Homeland Security shall provide a new or 
                updated employment eligibility document to the alien 
                indicating the new validity date, after which the alien 
                is not required to retain a copy of the petition.
                    ``(C) File defined.--In this paragraph, the term 
                `file' means sending the petition by certified mail via 
                the United States Postal Service, return receipt 
                requested, or delivering by guaranteed commercial 
                delivery which will provide the employer with a 
                documented acknowledgment of the date of receipt of the 
                petition for an extension of stay.
            ``(4) Limitation on an individual's stay in status.--
                    ``(A) Maximum period.--The maximum continuous 
                period of authorized status as an H-2A worker 
                (including any extensions) is 20 months.
                    ``(B) Requirement to remains outside the united 
                states.--
                            ``(i) In general.--Subject to clause (ii), 
                        in the case of an alien outside the United 
                        States whose period of authorized status as an 
                        H-2A worker (including any extensions) has 
                        expired, the alien may not again apply for 
                        admission to the United Stats as an H-2A worker 
                        unless the alien has remained outside the 
                        United States for a continuous period equal to 
                        at least \1/5\ the duration of the alien's 
                        previous period of authorized status as an H-2A 
                        worker (including any extensions).
                            ``(ii) Exception.--Clause (i) shall not 
                        apply in the case of an alien if the alien's 
                        period of authorized status as an H-2A worker 
                        (including any extensions) was for a period of 
                        not more than 10 months and such alien has been 
                        outside the United States for at least 2 months 
                        during the 12 months preceding the date the 
                        alien again is applying for admission to the 
                        United States as an H-2A worker.
    ``(r) Trust Fund To Assure Worker Return.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a trust fund (in this section referred to 
        as the `Trust Fund') for the purpose of providing a monetary 
        incentive for H-2A nonimmigrants to return to their country of 
        origin upon expiration of their visas.
            ``(2) Withholding of wages; payment into the trust fund.--
        Employers of H-2A nonimmigrants shall withhold from the wages 
        of workers an amount equivalent to 25 percent of the wages of 
        each worker and pay such withheld amount into the Trust Fund in 
        accordance with paragraph (3). Amounts withheld under the 
        preceding sentence shall be maintained in such interest bearing 
        account with such a financial institution as the Secretary of 
        Homeland Security shall specify.
            ``(3) Distribution of funds.--Amounts paid into the Trust 
        Fund on behalf of an H-2A nonimmigrant, and held pursuant to 
        paragraph (2)(A)(i) and interest earned thereon, shall be paid 
        by the Secretary of State to the worker if--
                    ``(A) the worker applies to the Secretary of State 
                (or the designee of such Secretary) for payment within 
                30 days of the expiration of the alien's last 
                authorized stay in the United States as an H-2A 
                nonimmigrant at a United States embassy or consulate in 
                the worker's home country;
                    ``(B) in such application the worker establishes 
                that the worker has complied with the terms and 
                conditions of the H-2A program; and
                    ``(C) in connection with the application, the 
                worker tenders the identification and employment 
                authorization card issued to the worker pursuant to 
                subsection (p) and establishes that the worker is 
                identified as the person to whom the card was issued 
                based on the biometric identification information 
                contained on the card.
            ``(4) Administrative expenses.--The amounts paid into the 
        Trust Fund and held pursuant to paragraph (2)(A)(ii), and 
        interest earned thereon, shall be paid to the Secretary of 
        State, the Secretary of Labor, and the Secretary of Homeland 
        Security in amounts equivalent to the expenses incurred by such 
        officials in the administration of the H-2A program.
    ``(s) Investment of Trust Fund.--
            ``(1) In general.--It shall be the duty of the Secretary of 
        the Treasury to invest such portion of the Trust Fund as is 
        not, in the Secretary's judgment, required to meet current 
        withdrawals. Such investments may be made only in interest-
        bearing obligations of the United States or in obligations 
        guaranteed as to both principal and interest by the United 
        States. For such purpose, such obligations may be acquired--
                    ``(A) on original issue at the price; or
                    ``(B) by purchase of outstanding obligations at the 
                market price.
        The purposes for which obligations of the United States may be 
        issued under chapter 31 of title 31, United States Code, are 
        hereby extended to authorize the issuance at par of special 
        obligations exclusively to the Trust Fund. Such special 
        obligations shall bear interest at a rate equal to the average 
        rate of interest, computed as to the end of the calendar month 
        next preceding the date of such issue, borne by all marketable 
        interest-bearing obligations of the United States then forming 
        a part of the public debt, except that where such average rate 
        is not a multiple of one-eighth of 1 percent next lower than 
        such average rate. Such special obligations shall be issued 
        only if the Secretary of the Treasury determines that the 
        purchase of other interest-bearing obligations of the United 
        States, or of obligations guaranteed as to both principal and 
        interest by the United States on original issue or at the 
        market price, is not in the public interest.
            ``(2) Sale of obligation.--Any obligation acquired by the 
        Trust Fund (except special obligations issued exclusively to 
        the Trust Fund) may be sold by the Secretary of the Treasury at 
        the market price, and such special obligations may be redeemed 
        at par plus accrued interest.
            ``(3) Credits to trust fund.--The interest on, and the 
        proceeds from the sale or redemption of, any obligations held 
        in the Trust Fund shall be credited to and form a part of the 
        Trust Fund.
            ``(4) Report to congress.--It shall be the duty of the 
        Secretary of the Treasury to hold the Trust Fund, and (after 
        consultation with the Secretary of Homeland Security) to report 
        to the Congress each year on the financial condition and the 
        results of the operations of the Trust Fund during the 
        preceding fiscal year and on its expected condition and 
        operations during the next fiscal year. Such report shall be 
        printed as both a House and a Senate document of the session of 
        the Congress to which the report is made.
    ``(t) Special Rule for Aliens Employed as Sheepherders, 
Goatherders, or Dairy Workers.--Notwithstanding any other provision of 
this section, an alien admitted under section 101(a)(15)(H)(ii)(a) for 
employment as a sheepherder, goatherder, or dairy worker--
            ``(1) may be admitted for a period of 12 months; and
            ``(2) shall not be subject to the requirements of 
        subsection (r)(4)(B).''.
    (b) Prohibition on Family Members.--Section 101(a)(15)(H) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by 
striking ``him;'' at the end and inserting ``him, except that no spouse 
or child may be admitted under clause (ii)(a);''.
    (c) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
promulgate regulations, in accordance with the notice and comment 
provisions of section 553 of title 5, United States Code, to provide 
for the uniform procedures for the issuance of visas to nonimmigrants 
described in section 101(a)(15)(H)(ii)(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) by visa-issuing United 
States consulates and consular officers.
    (d) Conforming Amendment.--Section 101(a)(15)(H)(ii)(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is 
amended by striking ``of a temporary or seasonal nature'' and inserting 
``and with respect to whom the intending employer or association has 
filed with the Secretary a petition under section 218(a)''.

SEC. 402. LEGAL ASSISTANCE PROVIDED BY THE LEGAL SERVICES CORPORATION.

    (a) In General.--Section 305 of the Immigrant Reform and Control 
Act of 1986 (8 U.S.C. 1101 note) is amended--
            (1) by striking ``A nonimmigrant'' and inserting ``(a) In 
        General.--A nonimmigrant''; and
            (2) by adding at the end the following:
    ``(b) Legal Assistance.--The Legal Services Corporation may not 
provide legal assistance for or on behalf of any alien, and may not 
provide financial assistance to any person or entity that provides 
legal assistance for or on behalf of any alien, unless the alien--
            ``(1) is present in the United States at the time the legal 
        assistance is provided; and
            ``(2) is an alien to whom subsection (a) applies.''.
    (b) Mediation.--Section 305 of the Immigrant Reform and Control Act 
of 1986 (8 U.S.C. 1101 note), as amended by subsection (a), is further 
amended by adding at the end the following:
    ``(c) Required Mediation.--The Legal Services Corporation may not 
bring a civil action for damages on behalf of a nonimmigrant described 
in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(H)(ii)(a)), unless at least 90 days prior to 
bringing the action a request has been made to the Federal Mediation 
and Conciliation Service to assist the parties in reaching a 
satisfactory resolution of all issues involving all parties to the 
dispute and mediation has been attempted.''.
    (c) Condition for Entry Onto Property for Legal Services 
Corporation Representation.--Section 305 of the Immigrant Reform and 
Control Act of 1986 (8 U.S.C. 1101 note), as amended by subsection (b), 
is further amended by adding at the end the following:
    ``(d) Condition for Entry Onto Employer's Property for Legal 
Services Corporation Representation.--No employer of a nonimmigrant 
having status under section 101(a)(15)(H)(ii)(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) shall be required to 
permit any recipient of a grant or contract under section 1007 of the 
Legal Services Corporation Act (42 U.S.C. 2996f), or any employee of 
such a recipient, to enter upon the employer's property, unless such 
recipient or employee has a pre-arranged appointment with a specific 
nonimmigrant having such status.''.

SEC. 403. EFFECTIVE DATE.

    The amendments made by this title shall take effect on the date 
that is 180 days after the date of the enactment of this Act and shall 
apply to petitions approved after such date.

                 TITLE V--ENGLISH AS OFFICIAL LANGUAGE

SEC. 501. NULLIFICATION OF EFFECT OF EXECUTIVE ORDER.

    Executive Order 13166, entitled ``Improving Access to Services for 
Persons with Limited English Proficiency'' (August 16, 2000; 65 Fed. 
Reg. 50121), is null and void and shall have no force or effect.

SEC. 502. PROHIBITION AGAINST USE OF FUNDS FOR CERTAIN PURPOSES.

    No funds appropriated pursuant to any provision of law may be used 
to promulgate or enforce any executive order that creates an 
entitlement to services provided in any language other than English.

SEC. 503. ENGLISH AS THE OFFICIAL LANGUAGE OF THE GOVERNMENT OF THE 
              UNITED STATES.

    (a) In General.--Title 4, United States Code, is amended by adding 
at the end the following new chapter:

                ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT

``SEC. 161. DECLARATION OF OFFICIAL LANGUAGE.

    ``English shall be the official language of the Government of the 
United States.

``SEC. 162. OFFICIAL GOVERNMENT ACTIVITIES IN ENGLISH.

    ``The Government of the United States shall conduct its official 
business in English, including publications, income tax forms, and 
informational materials.

``SEC. 163. PRESERVING AND ENHANCING THE ROLE OF THE OFFICIAL LANGUAGE.

    ``The Government of the United States shall preserve and enhance 
the role of English as the official language of the United States. 
Unless specifically stated in applicable law, no person has a right, 
entitlement, or claim to have the Government of the United States or 
any of its officials or representatives act, communicate, perform or 
provide services, or provide materials in any language other than 
English. If exceptions are made, such does not create a legal 
entitlement to additional services in that language or any language 
other than English. If any forms are issued by the Federal Government 
in a language other than English (or such forms are completed in a 
language other than English), the English language version of the form 
is the sole authority for all legal purposes.

``SEC. 164. EXCEPTIONS.

    ``(a) In General.--This chapter shall not apply to the use of a 
language other than English--
            ``(1) for religious purposes;
            ``(2) for training in foreign languages for international 
        communication; or
            ``(3) to programs in schools designed to encourage students 
        to learn foreign languages.
This chapter does not prevent the Government of the United States from 
providing interpreters for persons over 62 years of age.
    ``(b) Conforming Amendment.--The table of chapters for title 4, 
United States Code, is amended by adding at the end the following new 
item:

```6. Language of the Government.'.

SEC. 504. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF 
              NEW CITIZENS.

    Section 337(d) of the Immigration and Nationality Act (8 U.S.C. 
1448(d)) is amended by adding at the end the following new sentence: 
``All public ceremonies in which the oath of allegiance is administered 
pursuant to this section shall be conducted solely in the English 
language.''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. CLARIFICATION OF RULES FOR DETERMINING INSURED STATUS AND 
              WORK RECORD FOR SOCIAL SECURITY BASED ON SERVICE OF 
              NONCITIZENS WHILE NOT AUTHORIZED TO WORK IN THE UNITED 
              STATES.

    (a) Eligibility for Status as Insured Individual Contingent Upon 
Appropriate Assignment of Social Security Account Number.--Section 
214(c) of the Social Security Act (42 U.S.C. 414(c)) is amended--
            (1) by striking ``individual, if not a United States 
        citizen or national--'' and inserting ``individual--''; and
            (2) by striking paragraph (1) and inserting the following:
            ``(1) has been assigned a social security account number, 
        and the assignment of such number--
                    ``(A) occurred while such individual was a citizen 
                or national of the United States, or
                    ``(B) was consistent, at the time of the 
                assignment, with the requirements of subclause (I) or 
                (III) of section 205(c)(2)(B)(i); or''.
    (b) Reassignment of Social Security Account Numbers.--Section 
205(c)(2)(B) of such Act (42 U.S.C. 405(c)(2)(B)) is amended--
            (1) by redesignating clause (iii) as clause (iv); and
            (2) by inserting after clause (ii) the following new 
        clause:
    ``(iii) In any case in which the assignment of a social security 
account number to an individual who was not, at the time of the 
assignment, a citizen or national of the United States is determined by 
the Commissioner to not have been consistent, at the time of the 
assignment, with the requirements of subclause (I) or (III) of clause 
(i), the Commissioner may issue a replacement social security account 
number to such individual while such individual is a citizen or 
national of the United States or in a manner consistent with the 
requirements of subclauses (I) and (III) of clause (i).''.
    (c) Disregard of Earnings by Individuals in the United States While 
Such Individuals Are Not Citizens, Nationals, or Lawful Permanent 
Residents of the United States and Are Not Authorized To Be Employed in 
the United States.--
            (1) Determinations of quarters of coverage.--Section 213 of 
        such Act (42 U.S.C. 413) is amended by adding at the end the 
        following new subsection:

             ``Disregard of Certain Earnings by Noncitizens

    ``(e) For purposes of determining an individual's quarters of 
coverage under this section, such individual shall not be credited with 
any wages paid to such individual for services performed in the United 
States, or any self-employment income derived by such individual in the 
United States, if such services were performed, or such self-employment 
income was derived, while such individual--
            ``(1) was not a citizen or national of the United States,
            ``(2) was not lawfully admitted for permanent residence in 
        the United States, and
            ``(3) was not authorized to be employed in the United 
        States.''.
            (2) Determinations of average indexed monthly earnings.--
        Section 215(e) of such Act (42 U.S.C. 415(e)) is amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by inserting ``(1)'' after ``(e)''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) For purposes of subsections (b) and (d), in computing an 
individual's average indexed monthly earnings (or in the case of an 
individual whose primary insurance amount is computed under section 
215(a) as in effect prior to January 1979, average monthly wage), such 
individual shall not be credited with any wages paid to such individual 
for services performed in the United States, or any self-employment 
income derived by such individual in the United States, if such 
services were performed, or such self-employment income was derived, 
while such individual--
            ``(A) was not a citizen or national of the United States,
            ``(B) was not lawfully admitted for permanent residence in 
        the United States, and
            ``(C) was not authorized to be employed in the United 
        States.''.
    (d) Requirements for Totalization Agreements.--Section 233(c) of 
such Act (42 U.S.C. 433(c)) is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following new 
        paragraph:
    ``(4) Nothing in the preceding provisions of this subsection may be 
construed to authorize any inconsistency in such agreement with the 
requirements of sections 213(e), 214(c), and 215(e)(2) in the case of 
any individual who, at any time such requirements apply to such 
individual--
            ``(A) is not a citizen or national of the United States,
            ``(B) is not lawfully admitted for permanent residence in 
        the United States, and
            ``(C) is not authorized to be employed in the United 
        States.''.
    (e) Effective Date.--The amendments made by subsections (a), (b), 
and (c) of this section shall apply with respect to social security 
account numbers assigned, with respect to wages paid, and with respect 
to self-employment income derived before, on, or after the date of the 
enactment of this Act. The amendments made by subsection (d) shall 
apply with respect to totalization agreements transmitted by the 
President to the Congress on or after May 1, 2007. Notwithstanding 
section 215(f)(1) of the Social Security Act (42 U.S.C. 415(f)(1)), as 
soon as practicable after the date of the enactment of this Act, the 
Commissioner of Social Security shall recompute all primary insurance 
amounts to the extent necessary to carry out the amendments made by 
this Act. Such amendments shall affect benefits only for months after 
the date of the enactment of this Act.

SEC. 602. PROHIBITION ON ACCEPTANCE OF IDENTIFICATION ISSUED BY FOREIGN 
              GOVERNMENTS.

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

SEC. 603. TABULATION OF UNITED STATES CITIZENS.

    The Secretary of Commerce, in conducting the 2010 decennial census 
and each decennial census thereafter, shall include in any 
questionnaire which is distributed or otherwise made available to the 
general population for the purpose of determining the total population 
of the United States, a question as to how many of the persons to be 
accounted for on such questionnaire are citizens of the United States.
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