Border Enforcement and Revolving Employment to Assist Laborers Act of 2003 or the BE REAL Act of 2003 - Amends the Posse Comitatus Act to authorize the use of the U.S. military for border enforcement.
Suspends the visa waiver program until such time as the Secretary of Homeland Security certifies full implementation of an automated entry-exit system and the use of biometric machine readers and passports.
Amends the Immigration and Nationality Act (INA) to establish criminal penalties for unlawful presence. Enhances civil and criminal penalties for document fraud and false statements of citizenship.
Amends Federal law concerning passports to require fingerprinting and background checks of applicants for U.S. passports.
Establishes a visa term compliance bond.
Requires the development and use of more secure Social Security cards and birth certificates.
Amends the INA to permit employers who seek work eligibility verification for new hires within three days after the date of hire to claim an affirmative defense to employer sanctions. Requires the Secretary of Homeland Security to create an electronic employment verification system. Exempts from liability those who rely on the verification system in good faith.
Establishes a new guest worker program that replaces the current H nonimmigrant visa category with a single H visa covering all aliens coming to the United States temporarily to perform skilled or unskilled work, where U.S. workers are not available. Requires that the Secretary of Homeland Security and the Administrator of the Environmental Protection Agency make specified certifications to Congress as a prerequisite to implementation of the program.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3534 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3534
To enhance border enforcement, improve homeland security, remove
incentives for illegal immigration, and establish a guest worker
program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2003
Mr. Tancredo (for himself, Mr. Deal of Georgia, Mr. Duncan, Mr. Hefley,
and Mr. Herger) introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committees on
Ways and Means, Government Reform, Education and the Workforce, and
International Relations, 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 enhance border enforcement, improve homeland security, remove
incentives for illegal immigration, and establish a guest worker
program.
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 ``Border Enforcement and Revolving
Employment to Assist Laborers Act of 2003'' or the ``BE REAL Act of
2003''.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Improving Homeland Security
SEC. 101. SENSE OF CONGRESS REGARDING USE OF MILITARY TO GUARD LAND
BORDERS OF THE UNITED STATES.
It is the sense of Congress that the President should deploy United
States military troops to perform support functions along the southern
and northern United States land borders until such time as additional
Border Patrol agents authorized under this Act are hired and deployed.
SEC. 102. USE OF ARMY AND AIR FORCE TO SECURE THE BORDER.
Section 1385 of title 18, United States Code, is amended by
inserting after ``execute the laws'' the following: ``other than at or
near a border of the United States in order to prevent aliens,
terrorists, and drug smugglers from entering the United States''.
SEC. 103. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall increase the number of full-time Border Patrol
agents to 20,000 by fiscal year 2008. There are authorized to be
appropriated such sums as may be necessary for additional resources for
support personnel and equipment for the activities of the new Border
Patrol personnel.
SEC. 104. INCREASE IN FULL-TIME BCBP IMMIGRATION INSPECTORS.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall increase by 2,000 the number of full-time
Bureau of Customs and Border Protection immigration inspectors by the
end of fiscal year 2006. There are authorized to be appropriated such
sums as may be necessary for such additional resources for support
personnel and equipment for inspections as may be necessary to
implement such increase in inspectors.
SEC. 105. INCREASE IN FULL-TIME 1811-SERIES BICE SPECIAL AGENTS.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall increase the number of full-time 1811-series
Bureau of Immigration and Customs Enforcement special agents devoted to
the immigration function to 4,500 by the end of the fiscal year 2006.
There are authorized to be appropriated such sums as may be necessary
for such additional resources for support personnel, training,
equipment, and case funds for investigations as may be necessary to
implement such increase in the number of special agents.
SEC. 106. INCREASE IN FULL-TIME DETENTION AND REMOVAL OFFICERS.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall increase by 2,000 the number of full-time
detention and removal officers by the end of the fiscal year 2006.
There are authorized to be appropriated such sums as may be necessary
for additional resources for support personnel and equipment for
removals to implement such increase in personnel.
SEC. 107. FUNCTIONS OF DETENTION AND REMOVAL OFFICERS.
Notwithstanding any other provision of law, detention and removal
officers of the Department of Homeland Security at the GS-9 and GS-11
levels are authorized to perform interior patrol functions, including
locating, detaining, and transporting alien who have overstayed their
visas, alien absconders, and aliens apprehended by state or local
authorities.
SEC. 108. SUSPENSION OF VISA WAIVER PROGRAM.
Notwithstanding any other provision of law, the visa waiver program
for certain visitors established under section 217 of the Immigration
and Nationality Act shall be suspended until the Secretary of Homeland
Security determines and certifies to the Congress that--
(1) the automated entry-exit system authorized under
section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1221 note) is fully
implemented and functional,
(2) all United States ports of entry have functional
biometric machine readers,
(3) all countries which participate in the visa waiver
program under section 217 of the Immigration and Nationality
Act issue to nationals of such countries machine-readable
biometric passports.
SEC. 109. CIVIL AND CRIMINAL PENALTIES FOR NONIMMIGRANT VISA OVERSTAYS.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 275 the following new section:
``criminal penalties for unlawful presence in the united states
``Sec. 275A. Any alien who fails to depart the United States within
30 days after the expiration of a nonimmigrant visa and is not in other
lawful status under this Act shall be fined under title 18, United
States Code, imprisoned not more than one year, or both.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by inserting after the item relating to
section 275 the following:
``Sec. 275A. Criminal penalties for unlawful presence in the United
States.''.
SEC. 110. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENTS FRAUD AND FALSE
CLAIMS OF CITIZENSHIP.
(a) Penalties for Document Fraud.--Section 274C(d)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324c(d)(3)) is amended--
(1) in subparagraph (A), by striking ``$250 and not more
than $2,000'' and inserting ``$500 and not more than $4,000'';
and
(2) in subparagraph (B), by striking ``$2,000 and not more
than $5,000'' and inserting ``$4,000 and not more than
$10,000''.
(b) Fraud and False Statements.--Chapter 47 of title 18, United
States Code, is amended--
(1) in section 1015, by striking ``five years'' and
inserting ``10 years''; and
(2) in section 1028(b)--
(A) in paragraph (1), by striking ``15 years'' and
inserting ``20 years'';
(B) in paragraph (2), by striking ``three years''
and inserting ``six years'';
(C) in paragraph (3), by striking ``20 years'' and
inserting ``25 years'';
(D) in paragraph (4), by striking ``25 years'' and
inserting ``30 years''; and
(E) in paragraph (6), by striking ``one year'' and
inserting ``two years''.
SEC. 111. INCREASE IN CAPACITY OF DETENTION FACILITIES.
Subject to the availability of appropriations, the Secretary of
Homeland Security is authorized to double by the end of the fiscal year
2006 the capacity of facilities that were available at the end of the
fiscal year 2001 for the detention of aliens under the immigration laws
of the United States.
SEC. 112. SECURE AND VERIFIABLE IDENTIFICATION REQUIRED FOR FEDERAL
PUBLIC BENEFITS.
In the provision in the United States of a Federal public benefit
or service, including a law enforcement service, that requires the
recipient to produce identification, no Federal agency, commission, or
other entity within the executive, legislative, or judicial branch of
the Federal Government may accept, recognize, or rely on (or authorize
the acceptance or recognition of, or the reliance on) any
identification document, unless the document was issued by a Federal or
State authority and is subject to verification by a Federal law
enforcement, intelligence, or homeland security agency.
SEC. 113. REQUIREMENT OF UNITED STATES CITIZENSHIP FOR CERTAIN FEDERAL
EMPLOYEES AND THE PRACTICE OF IMMIGRATION LAW IN THE
UNITED STATES.
(a) Positions in the Department of Homeland Security.--
Notwithstanding any other provision of law, employees of the Department
of Homeland Security in positions in the Bureau of Customs and Border
Protection, the Bureau of Immigration and Customs Enforcement, and the
Bureau of Citizenship and Immigration Services shall be citizens of the
United States.
(b) Positions in the Department of State.--Notwithstanding any
other provision of law, employees of the Department of State in
positions in consular affairs offices shall be citizens of the United
States.
SEC. 114. FINGERPRINTING OF APPLICANTS FOR UNITED STATES PASSPORTS.
Section 1 of title IX of the Act of June 15, 1917 (22 U.S.C. 213)
is amended--
(1) by inserting ``(a)'' before ``Before a passport'';
(2) by adding at the end the following:
``(b) No new or replacement United States passport may be issued to
any applicant on or after January 1, 2006 unless--
``(1) the applicant has been fingerprinted electronically;
and
``(2) the applicant's fingerprints have been checked
against the National Crime Information Center database of the
Federal Bureau of Investigation.''.
SEC. 115. VISA TERM COMPLIANCE BONDS.
(a) Definitions.--For purposes of this section:
(1) Visa term compliance bond.--The term ``visa term
compliance bond'' means a written suretyship undertaking
entered into by an alien individual seeking admission to the
United States of America on a nonimmigrant visa whose
performance is guaranteed by a bail agent.
(2) Suretyship undertaking.--The term ``suretyship
undertaking'' means a written agreement, executed by a bail
agent, which binds all parties to its certain terms and
conditions and which provides obligations for the visa
applicant while under the bond and penalties for forfeiture to
ensure the obligations of the principal under the agreement.
(3) Bail agent.--The term ``bail agent'' means any
individual properly licensed, approved, and appointed by power
of attorney to execute or countersign bail bonds in connection
with judicial proceedings and who receives a premium.
(4) Surety.--The term ``surety'' means an entity, as
defined by, and that is in compliance with, sections 9304
through 9308 of title 31, United States Code, that agrees--
(A) to guarantee the performance, where
appropriate, of the principal under a visa term
compliance bond;
(B) to perform as required in the event of a
forfeiture; and
(C) to pay over the principal (penal) sum of the
bond for failure to perform.
(b) Issuance of Bond.--A consular officer may require an applicant
for a nonimmigrant visa, as a condition for granting such application,
to obtain a visa term compliance bond.
(c) Validity, Expiration, Renewal, and Cancellation of Bonds.--
(1) Validity.--A visa term compliance bond undertaking is
valid if it--
(A) states the full, correct, and proper name of
the alien principal;
(B) states the amount of the bond;
(C) is guaranteed by a surety and countersigned by
an attorney-in-fact who is properly appointed;
(D) is an original signed document;
(E) is filed with the Secretary of Homeland
Security along with the original application for a
visa; and
(F) is not executed by electronic means.
(2) Expiration.--A visa term compliance bond undertaking
shall expire at the earliest of--
(A) 1 year from the date of issue;
(B) at the expiration, cancellation, or surrender
of the visa; or
(C) immediately upon nonpayment of the premium.
(3) Renewal.--The bond may be renewed--
(A) annually with payment of proper premium at the
option of the bail agent or surety; and
(B) provided there has been no breech of
conditions, default, claim, or forfeiture of the bond.
(4) Cancellation.--The bond shall be canceled and the
surety and bail agent exonerated--
(A) for nonrenewal;
(B) if the surety or bail agent provides reasonable
evidence that there was misrepresentation or fraud in
the application for the bond;
(C) upon termination of the visa;
(D) upon death, incarceration of the principal, or
the inability of the surety to produce the principal
for medical reasons;
(E) if the principal is detained in any city,
State, country, or political subdivision thereof;
(F) if the principal departs from the United States
of America for any reason without permission of the
Secretary of Homeland Security and the surety or bail
agent; or
(G) if the principal is surrendered by the surety.
(5) Effect of expiration or cancellation.--When a visa term
compliance bond expires without being immediately renewed, or
is canceled, the nonimmigrant status of the alien shall be
revoked immediately.
(6) Surrender of principal; forfeiture of bond premium.--
(A) Surrender.--At any time before a breach of any
of the conditions of the bond, the surety or bail agent
may surrender the principal, or the principal may
surrender, to any Bureau of Immigration and Customs
Enforcement or Bureau of Customs and Border Protection
office or facility.
(B) Forfeiture of bond premium.--A principal may be
surrendered without the return of any bond premium if
the visa holder--
(i) changes address without notifying the
surety or bail agent and the Secretary of
Homeland Security in writing at least 60 days
prior to such change;
(ii) changes schools, jobs, or occupations
without written permission of the surety, bail
agent, and such Secretary;
(iii) conceals himself or herself;
(iv) fails to report to such Secretary as
required at least annually; or
(v) violates the contract with the bail
agent or surety, commits any act that may lead
to a breech of the bond, or otherwise violates
any other obligation or condition of the visa
established by such Secretary.
(7) Certified copy of undertaking or warrant to accompany
surrender.--
(A) In general.--A person desiring to make a
surrender of the visa holder--
(i) shall have the right to petition any
Federal court for an arrest warrant for the
arrest of the visa holder;
(ii) shall forthwith be provided a
certified copy of the arrest warrant and the
undertaking; and
(iii) shall have the right to pursue,
apprehend, detain, and deliver the visa holder,
together with the certified copy of the arrest
warrant and the undertaking, to any official or
facility of the Bureau of Immigration and
Customs Enforcement or Bureau of Customs and
Border Protection or any detention facility
authorized to hold Federal detainees.
(B) Effects of delivery.--Upon delivery of a person
under subparagraph (A)(iii)--
(i) the official to whom the delivery is
made shall detain the visa holder in custody
and issue a written certificate of surrender;
and
(ii) the court issuing the warrant
described in subparagraph (A)(i) and
the Secretary of Homeland Security shall immediately exonerate the
surety and bail agent from any further liability on the bond.
(8) Form of bond.--A visa term compliance bond shall in all
cases state the following and be secured by a surety:
``(A) Breach of bond; procedure, forfeiture,
notice.--
``(i) If a visa holder violates any
conditions of the visa or the visa bond the
Secretary of Homeland Security shall--
``(I) order the visa canceled;
``(II) immediately obtain a warrant
for the visa holder's arrest;
``(III) order the bail agent and
surety to take the visa holder into
custody and surrender the visa holder
to such Secretary; and
``(IV) mail notice to the bail
agent and surety via certified mail
return receipt at each of the addresses
in the bond.
``(ii) A bail agent or surety shall have
full and complete access to any and all
information, electronic or otherwise, in the
care, custody, and control of the United States
Government or any State or local government or
any subsidiary or police agency thereof
regarding the visa holder needed to comply with
section 116 of the Border Enforcement and
Revolving Employment to Assist Laborers Act of
2003 that the court issuing the warrant
believes is crucial in locating the visa
holder.
``(iii) If the visa holder is later
arrested, detained, or otherwise located
outside the United States and the outlying
possessions of the United States (as defined in
section 101(a) of the Immigration and
Nationality Act), such Secretary shall--
``(I) order that the bail agent and
surety are completely exonerated, and
the bond canceled and terminated; and
``(II) if such Secretary has issued
an order under clause (i), the surety
may request, by written, properly filed
motion, reinstatement of the bond. This
subclause may not be construed to
prevent such Secretary from revoking or
resetting a higher bond.
``(iv) The bail agent or surety must--
``(I) produce the visa bond holder;
or
``(II)(aa) prove within 180 days
that producing the bond holder was
prevented--
``(aaa) by the bond
holder's illness or death;
``(bbb) because the bond
holder is detained in custody
in any city, State, country, or
political subdivision thereof;
``(ccc) because the bond
holder has left the United
States or its outlying
possessions (as defined in
section 101(a) of the
Immigration and Nationality Act
(8 U.S.C. 1101(a)); or
``(ddd) because required
notice was not given to the
bail agent or surety; and
``(bb) prove within 180 days that
the inability to produce the bond
holder was not with the consent or
connivance of the bail agent or
sureties.
``(v) If the bail agent or surety does not
comply with the terms of this bond within 60
days after the mailing of the notice required
under subparagraph (A)(i)(IV), a portion of the
face value of the bond shall be assessed as a
penalty against the surety.
``(vi) If compliance occurs more than 60
days but no more than 90 days after the mailing
of the notice, the amount assessed shall be
one-third of the face value of the bond.
``(vii) If compliance occurs more than 90
days, but no more than 180 days, after the
mailing of the notice, the amount assessed
shall be two-thirds of the face value of the
bond.
``(viii) If compliance does not occur
within 180 days after the mailing of the
notice, the amount assessed shall be 100
percent of the face value of the bond.
``(ix) All penalty fees shall be paid by
the surety within 45 days after the end of such
180-day period.
``(B) Such Secretary may waive the penalty fees or
extend the period for payment or both, if--
``(i) a written request is filed with the
Secretary; and
``(ii) the bail agent or surety provides
evidence satisfactory to the Secretary that
diligent efforts were made to effect compliance
of the visa holder.
``(C) Compliance; exoneration; limitation of
liability.--
``(i) Compliance.--The bail agent or surety
shall have the absolute right to locate,
apprehend, arrest, detain, and surrender any
visa holder, wherever he or she may be found,
who violates any of the terms and conditions of
the visa or bond.
``(ii) Exoneration.--Upon satisfying any of
the requirements of the bond, the surety shall
be completely exonerated.
``(iii) Limitation of liability.--The total
liability on any undertaking shall not exceed
the face amount of the bond.''.
SEC. 116. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.
Section 236(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1226(a)(2)) is amended to read as follows:
``(2) subject to section 241(a)(8), may release the alien
on bond of at least $10,000, with security approved by, and
containing conditions prescribed by, the Secretary of Homeland
Security, but the Secretary shall not release the alien on or
to his own recognizance unless an order of an immigration judge
expressly finds that the alien is not a flight risk and is not
a threat to the United States; and''.
SEC. 117. DETENTION OF ALIENS DELIVERED BY BONDSMEN.
(a) In General.--Section 241(a) of the Immigration and Nationality
Act (8 U.S.C. 1231(a)) is amended by adding at the end the following:
``(8) Effect of production of alien by bondsman.--
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall take into custody any alien subject to
a final order of removal, and cancel any bond previously posted
for the alien, if the alien is produced within the prescribed
time limit by the obligor on the bond. The obligor on the bond
shall be deemed to have substantially performed all conditions
imposed by the terms of the bond, and shall be released from
liability on the bond, if the alien is produced within such
time limit.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this act and shall apply to
all immigration bonds posted before, on, or after the date of the
enactment of this Act.
SEC. 118. SOCIAL SECURITY CARDS.
(a) Improvements to Card.--
(1) In general.--For purposes of carrying out section 274A
of the Immigration and Nationality Act, the Commissioner of
Social Security (in this section referred to as the
``Commissioner'') shall make such improvements to the physical
design, technical specifications, and materials of the social
security account number card as are necessary to ensure that it
is a genuine official document and that it offers the best
possible security against counterfeiting, forgery, alteration,
and misuse.
(2) Performance standards.--In making the improvements
required in paragraph (1), the Commissioner shall--
(A) make the card as secure against counterfeiting
as the 100 dollar Federal Reserve note, with a rate of
counterfeit detection comparable to the 100 dollar
Federal Reserve note; and
(B) make the card as secure against fraudulent use
as a United States passport.
(3) Definition.--In this section, the term ``secured social
security account number card'' means a social security account
number card issued in accordance with the requirements of this
paragraph.
(4) Effective date.--All social security account number
cards issued after January 1, 2005, whether new or replacement,
shall be secured social security account number cards.
SEC. 119. BIRTH CERTIFICATES.
Subsection (a) of section 656 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (5 U.S.C. 301 note) is amended to
read as follows:
``(a) Birth Certificates.--
``(1) Limitation on acceptance.--(A) No Federal agency,
including but not limited to the Social Security Administration
and the Department of State, and no State agency that issues
driver's licenses or identification documents, may accept for
any official purpose a copy of a birth certificate, as defined
in paragraph (5), unless it is issued by a State or local
authorized custodian of record and it conforms to standards
described in subparagraph (B).
``(B) The standards described in this subparagraph are
those set forth in regulations promulgated by the Federal
agency designated by the President, after consultation with
such other Federal agencies as the President shall designate
and with State vital statistics offices, and shall--
``(i) include but not be limited to--
``(I) certification by the agency issuing
the birth certificate; and
``(II) use of safety paper, the seal of the
issuing agency, and other features designed to
limit tampering, counterfeiting, and
photocopying, or otherwise duplicating, for
fraudulent purposes;
``(ii) not require a single design to which the
official birth certificate copies issued by each State
must conform; and
``(iii) accommodate the differences between the
States in the manner and form in which birth records
are stored and in how birth certificate copies are
produced from such records.
``(2) Limitation on issuance.--(A) If one or more of the
conditions described in subparagraph (B) is present, no State
or local government agency may issue an official copy of a
birth certificate pertaining to an individual unless the copy
prominently notes that such individual is deceased.
``(B) The conditions described in this subparagraph
include--
``(i) the presence on the original birth
certificate of a notation that the individual is
deceased, or
``(ii) actual knowledge by the issuing agency that
the individual is deceased obtained through information
provided by the Social Security Administration, by an
interstate system of birth-death matching, or
otherwise.
``(3) Grants to states.--(A)(i) The Secretary of Health and
Human Services, in consultation with other agencies designated
by the President, shall establish a fund, administered through
the National Center for Health Statistics, to provide grants to
the States to encourage them to develop the capability to match birth
and death records, within each State and among the States, and to note
the fact of death on the birth certificates of deceased persons. In
developing the capability described in the preceding sentence, States
shall focus first on persons who were born after 1950.
``(ii) Such grants shall be provided in proportion to
population and in an amount needed to provide a substantial
incentive for the States to develop such capability.
``(B) The Secretary of Health and Human Services shall
establish a fund, administered through the National Center for
Health Statistics, to provide grants to the States for a
project in each of 5 States to demonstrate the feasibility of a
system by which each such State's office of vital statistics
would be provided, within 24 hours, sufficient information to
establish the fact of death of every individual dying in such
State.
``(C) There are authorized to be appropriated to the
Department of Health and Human Services such amounts as may be
necessary to provide the grants described in subparagraphs (A)
and (B).
``(4) Report.--(A) Not later than one year after the date
of the enactment of this Act, the Secretary of Health and Human
Services shall submit a report to the Congress on ways to
reduce the fraudulent obtaining and the fraudulent use of birth
certificates, including any such use to obtain a social
security account number or a State or Federal document related
to identification or immigration.
``(B) Not later than one year after the date of enactment
of this Act, the agency designated by the President in
paragraph (1)(B) shall submit a report setting forth, and
explaining, the regulations described in such paragraph.
``(C) There are authorized to be appropriated to the
Department of Health and Human Services such amounts as may be
necessary for the preparation of the report described in
subparagraph (A).
``(5) Certificate of birth.--As used in this section, the
term `birth certificate' means a certificate of birth of--
``(A) a person born in the United States, or
``(B) a person born abroad who is a citizen or
national of the United States at birth, whose birth is
registered in the United States.
``(6) Effective dates.--
``(A) Except as otherwise provided in subparagraph
(B) and in paragraph (4), this subsection shall take
effect two years after the enactment of the Border
Enforcement and Revolving Employment to Assist Laborers
Act of 2003.
``(B) Paragraph (1)(A) shall take effect two years
after the submission of the report described in
paragraph (4)(B).''.
Subtitle B--Removing the Incentives to Illegal Migration
SEC. 141. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS AND ELIMINATION
OF EXAMINATION OF DOCUMENTATION REQUIREMENT.
(a) In General.--Section 274A (8 U.S.C. 1324a) is amended--
(1) in subsection (a)(1)(A), by striking ``for a fee'';
(2) in subsection (a)(3)--
(A) by inserting ``(A)'' after
``Defense.--''; and
(B) by adding at the end the following:
``(B) Failure to seek and obtain verification.--In the case
of a hiring of an individual for employment in the United
States by a person or entity, the following requirements apply:
``(i) Failure to seek verification.--
``(I) In general.--If the person or entity
has not made an inquiry, under the mechanism
established under subsection (b)(4), seeking
verification of the identity, social security
number, and work eligibility of the individual,
by not later than the end of 3 working days (as
specified by the Secretary of Homeland
Security) after the date of the hiring, the
defense under subparagraph (A) shall not be
considered to apply with respect to any
employment after such 3 working days, except as
provided in subclause (II).
``(II) Special rule for failure of
verification mechanism.--If such a person or
entity in good faith attempts to make an
inquiry during such 3 working days in order to
qualify for the defense under subparagraph (A)
and the verification mechanism has registered
that not all inquiries were responded to during
such time, the person or entity can make an
inquiry until the end of the first subsequent
working day in which the verification mechanism
registers no nonresponses and qualify for such
defense.
``(ii) Failure to obtain verification.--If the
person or entity has made the inquiry described in
clause (i)(I) but has not received an appropriate
verification of such identity, number, and work
eligibility under such mechanism within the time period
specified under subsection (b)(4)(B) after the time the
verification inquiry was received, the defense under
subparagraph (A) shall not be considered to apply with
respect to any employment after the end of such time
period.'';
(3) in subsection (b)(1)--
(A) by amending the paragraph heading to read as
follows:
``(1) Attestation.--''; and
(B) by amending subparagraph (A) to read as
follows:
``(A) In general.--The person or entity must
attest, under penalty of perjury and on a form
designated or established by the Secretary of Homeland
Security by regulation, that it has verified that the
individual is not an unauthorized alien by obtaining from the
individual the individual's social security account number and
recording the number on the form (if the individual claims to have been
issued such a number), and, if the individual does not attest to United
States citizenship under paragraph (2), obtaining such identification
or authorization number established by the Department of Homeland
Security for the alien as the Secretary may specify, and recording such
number on the form.'';
(4) in subsection (b)(2), by adding at the end the
following: ``The individual must also provide that individual's
social security account number (if the individual claims to
have been issued such a number), and, if the individual does
not attest to United States citizenship under this paragraph,
such identification or authorization number established by the
Department of Homeland Security for the alien as the Secretary
of Homeland Security may specify.''; and
(5) by amending subsection (b)(3) to read as follows:
``(3) Retention of verification form and verification.--
``(A) In general.--After completion of such form in
accordance with paragraphs (1) and (2), the person or
entity must--
``(i) retain the form 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 during a
period beginning on the date of the hiring,
recruiting, or referral of the individual and
ending--
``(I) in the case of the recruiting
or referral for a fee (without hiring)
of an individual, three years after the
date of the recruiting or referral; and
``(II) in the case of the hiring of
an individual, the later of--
``(aa) three years after
the date of such hiring; or
``(bb) one year after the
date the individual's
employment is terminated; and
``(ii) make an inquiry, as provided in
paragraph (4), using the verification system to
seek verification of the identity and
employment eligibility of an individual, by not
later than the end of 3 working days (as
specified by the Secretary of Homeland
Security) after the date of the hiring (or
recruitment or referral, as the case may be).
``(B) Verification.--
``(i) Verification received.--If the person
or other entity receives an appropriate
verification of an individual's identity and
work eligibility under the verification system
within the time period specified, the person or
entity shall record on the form an appropriate
code that is provided under the system and that
indicates a final verification of such identity
and work eligibility of the individual.
``(ii) Tentative nonverification
received.--If the person or other entity
receives a tentative nonverification of an
individual's identity or work eligibility under
the verification system within the time period
specified, the person or entity shall so inform
the individual for whom the verification is
sought. If the individual does not contest the
nonverification within the time period
specified, the nonverification shall be
considered final. The person or entity shall
then record on the form an appropriate code
which has been provided under the system to
indicate a tentative nonverification. If the
individual does contest the nonverification,
the individual shall utilize the process for
secondary verification provided under paragraph
(4). The nonverification will remain tentative
until a final verification or nonverification
is provided by the verification system within
the time period specified. In no case shall an
employer terminate employment of an individual
because of a failure of the individual to have
identity and work eligibility confirmed under
this section until a nonverification becomes
final. Nothing in this clause shall apply to a
termination of employment for any reason other
than because of such a failure.
``(iii) Final verification or
nonverification received.--If a final
verification or nonverification is provided by
the verification system regarding an
individual, the person or entity shall record
on the form an appropriate code that is
provided under the system and that indicates a
verification or nonverification of identity and
work eligibility of the individual.
``(iv) Extension of time.--If the person or
other entity in good faith attempts to make an
inquiry during such 3 working days and the
verification system has registered that not all
inquiries were received during such time, the
person or entity may make an inquiry in 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.
``(v) Consequences of nonverification.--If
the person or other entity has received a final
nonverification regarding an individual, the
person or entity shall terminate employment (or
recruitment or referral) of the individual.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 2 years after the date of the enactment of this Act.
Retention of form requirements under section 274A(b)(3) of the
Immigration and Nationality Act, as in effect before such effective
date, shall remain in effect as if this section had not been enacted
for forms completed before such effective date.
SEC. 142. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
(a) In General.--Section 274A(b)(4) (8 U.S.C. 1324a(b)(4)) is
amended to read as follows:
``(4) Employment eligibility verification system.--
``(A) In general.--The Secretary of Homeland
Security shall establish a verification system through
which the Secretary (or a designee of the Secretary,
which may be a nongovernmental entity)--
``(i) responds to inquiries made by persons
at any time through a toll-free telephone line
or other toll-free electronic media concerning
an individual's identity and whether the
individual is authorized to be employed; and
``(ii) maintains records of the inquiries
that were made, of verifications provided (or
not provided), and of the codes provided to
inquirers as evidence of their compliance with
their obligations under this section.
To the extent practicable, the Secretary shall seek to
establish such a system using one or more
nongovernmental entities.
``(B) Initial response.--The verification system
shall provide verification or a tentative
nonverification of an individual's identity and
employment eligibility within 3 working days of the
initial inquiry. If providing verification or tentative
nonverification, the verification system shall provide
an appropriate code indicating such verification or
such nonverification.
``(C) Secondary verification process in case of
tentative nonverification.--In cases of tentative
nonverification, the Secretary of Homeland Security
shall specify, in consultation with the Commissioner of
Social Security, an available secondary verification
process to confirm the validity of information provided
and to provide a final verification or nonverification
within 7 working days after the date of the tentative
nonverification. When final verification or
nonverification is provided, the verification system
shall provide an appropriate code indicating such
verification or nonverification.
``(D) Design and operation of system.--The
verification system shall be designed and operated--
``(i) to maximize its reliability and ease
of use by persons and other entities consistent
with insulating and protecting the privacy and
security of the underlying information;
``(ii) to respond to all inquiries made by
such persons and entities on whether
individuals are authorized to be employed and
to register all times when such inquiries are
not received;
``(iii) with appropriate administrative,
technical, and physical safeguards to prevent
unauthorized disclosure of personal
information; and
``(iv) to have reasonable safeguards
against the system's resulting in unlawful
discriminatory practices based on national
origin or citizenship status, including--
``(I) the selective or unauthorized
use of the system to verify
eligibility;
``(II) the use of the system prior
to an offer of employment; or
``(III) 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.
``(E) Responsibilities of the commissioner of
social security.--As part of the verification system,
the Commissioner of Social Security, in consultation
with the entity responsible for administration of the
system, shall establish a reliable, secure method,
which, within the time periods specified under
subparagraphs (B) and (C), verifies, for each
individual whose identity and employment eligibility
must be confirmed under this section, the individual's
name and social security account number, the
correspondence of the name and number, and whether the
social security number presented is valid for
employment. The Commissioner shall not disclose or
release social security information (other than such
verification or nonverification). If, in carrying out
this subparagraph, the Commissioner becomes aware of a
suspicious pattern of use of a social security account
number, the Commissioner shall investigate such
suspicious pattern, or shall notify the Secretary of
Homeland Security of it. Nothing in the Social Security
Act or any other provision of law shall be construed to
prevent the Commissioner from so notifying the
Secretary. Upon receipt of such notification, the
Secretary shall investigate in lieu of the
Commissioner.
``(F) Responsibilities of the secretary of homeland
security.--As part of the verification system, the
Secretary of Homeland Security, in consultation with
the entity responsible for administration of the
system, shall establish a reliable, secure method,
which, within the time periods specified under
subparagraphs (B) and (C), compares the name and alien
identification or authorization number which are
provided in an inquiry against such information
maintained by the Secretary in order to validate (or
not validate) the information provided, the
correspondence of the name and number, and whether the
alien is authorized to be employed in the United
States.
``(G) Updating information.--The Commissioner of
Social Security and the Secretary of Homeland Security
shall update their information in a manner that
promotes the maximum accuracy and shall provide a
process for the prompt correction of erroneous
information, including instances in which it is brought
to their attention in the secondary verification
process described in subparagraph (C).
``(H) Limitation on use of the verification system
and any related systems.--Nothing in this paragraph
shall be construed to authorize, directly or
indirectly, the issuance or use of national
identification cards or the establishment of a national identification
card.
``(I) Federal tort claims act.--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 the Federal
Tort Claims Act, and injunctive relief to correct such
error. No class action may be brought under this
subparagraph.
``(J) 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 paragraph.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 2 years after the date of the enactment of this Act.
SEC. 143. ADJUSTMENT OF STATUS APPLICATIONS.
Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255)
is amended--
(1) by striking subsections (a) through (i) and subsection
(k);
(2) by redesignating subsections (j), (l) and (m) as
subsections (b), (c) and (d), respectively; and
(3) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Except as provided in subsection (b), (c), or (d), no alien
inspected and admitted to the United States on a nonimmigrant visa or
who entered the United States without inspection may seek to adjust his
status to that of an alien lawfully admitted for permanent residence
while the alien is physically present in the United States.''.
SEC. 144. REVOCATION OF TEMPORARY STATUS.
(a) Termination of Asylum.--Section 208(c)(2) of the Immigration
and Nationality Act (8 U.S.C. 1158(c)(2)) is amended by striking ``may
be terminated if the Attorney General'' and inserting ``shall be
terminated if the Secretary of Homeland Security''.
(b) Aliens Eligible for Temporary Protected Status.--Section 244(c)
of the Immigration and Nationality Act (8 U.S.C. 1254a(c)) is amended--
(1) in subparagraph (3)--
(A) by striking ``except as provided in paragraph
(4) and permitted in subsection (f)(3),''; and
(B) by inserting before the comma at the end ``,
except where a brief trip abroad is required by
emergency and authorized prior to the alien's travel by
the Secretary of Homeland Security or is due to
extenuating circumstances outside the control of the
alien''; and
(2) by striking paragraph (4) and redesignating paragraphs
(5) and (6) as paragraphs (4) and (5), respectively.
(c) Benefits and Status During Period of Temporary Protected
Status.--Section 244(f) of the Immigration and Nationality Act (8
U.S.C. 1254a(f)) is amended--
(1) by adding ``and'' at the end of paragraph (2);
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (5).
SEC. 145. REPEAL OF AMNESTY PROVISION.
(a) In General.--Section 249 of the Immigration and Nationality Act
(8 U.S.C. 1259) is repealed.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by striking the item relating to section
249.
SEC. 146. PROHIBITION ON ISSUANCE OF INDIVIDUAL TAXPAYER IDENTIFICATION
NUMBER TO ALIENS UNLAWFULLY PRESENT.
Section 6109(c) of the Internal Revenue Code of 1986 (26 U.S.C.
6109(c)) is amended--
(1) by inserting ``(1)'' before ``For purposes of this
section,''; and
(2) by adding at the end the following:
``(2) the Secretary is required to verify with the Bureau
of Citizenship and Immigration Services that the applicant for
any identifying number, other than a Social Security account
number, to be assigned by the Secretary is lawfully present in
the United States.''.
TITLE II--REVOLVING EMPLOYMENT TO ASSIST LABORERS
Subtitle A--Prerequisites to Guest Worker Program
SEC. 201. CERTIFICATIONS.
(a) Secretary of Homeland Security.--Prior to the implementation of
the program described in subtitle B, the Secretary of Homeland
Security, in consultation with the Attorney General and the Secretary
of State, shall certify to the Congress the following:
(1) The integrated entry and exit data system required
under section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) and
section 302 of the Enhanced Border Security and Visa Entry
Reform Act of 2002 (8 U.S.C. 1731) is fully implemented and
functional, all ports of entry have functional biometric
machine readers, and the entry into and departure from the
United States of all noncitizens is recorded.
(2) All noncitizens already in the United States legally,
and all aliens authorized to enter the United States, have been
issued biometric, machine-readable travel or entry documents,
as required by section 303 of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (8 U.S.C. 1732).
(3) Neither immigrant nor nonimmigrant visas are issued to
nationals of foreign states that refuse to permit the return of
their nationals who are ordered removed from the United States.
(4) The electronic employment eligibility verification
system described in section 274A(b)(4) of the Immigration and
Nationality Act (as amended by section 142 of this Act) is
fully implemented and functional and all employers in the
United States have access to the system.
(5) All 20,000 of the Border Patrol agents authorized in
section 103 have been trained and deployed, or, if the number
of full time Border Patrol agents is less than 20,000, that
United States military personnel are deployed to support the
Border Patrol in such numbers as to bring the number of full-
time border enforcement personnel in the field to 20,000.
(6) The Chimera system required under section 202(a)(2) of
the Enhanced Border Security and Visa Entry Reform Act of 2002
(8 U.S.C, 1722(a)(2)) is fully implemented and functional and
includes digital fingerprints and photographs of all aliens
granted admission to the United States and all aliens ordered
removed or granted voluntary departure from the United States.
(7) All databases maintained by the Bureaus of Citizenship
and Immigration Services, Customs and Border Protection, and
Immigration and Customs Enforcement that contain information on
noncitizens are interoperable and compatible with the Chimera
system.
(8) The number of alien absconders in the United States is
fewer than 1,000.
(9) Section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)) has been fully implemented and Bureau of
Immigration and Customs Enforcement employees respond to every
request by State or local law enforcement authorities to pick
up illegal aliens located by those authorities.
(10) Bureau of Immigration and Customs Enforcement agents
are performing random worksite inspections of at least 2
percent of United States businesses annually, and that such
inspections focus primarily on industries that tend to hire
illegal aliens.
(11) The number of aliens who overstay nonimmigrant visas,
but are not removed from the United States, is fewer than
5,000.
(b) Administrator of Environmental Protection Agency.--Prior to the
implementation of the program described in subtitle B, the
Administrator of the Environmental Protection Agency shall certify to
the Congress that neither current levels of illegal immigration, nor
the guest worker program established in subtitle B, will significantly
affect the quality of the human environment (as such term is used in
section 102(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(C))) in the United States.
Subtitle B--The Guest Worker Program
SEC. 210. NEW NONIMMIGRANT WORKER CATEGORY.
(a) In General.--Section 101(a)(15)(H) of the Immigration and
Nationality Act is amended to read as follows:
``(H) an alien having a residence in a foreign country
which the alien has no intention of abandoning who is coming
temporarily to the United States to perform skilled or
unskilled work for which qualified and lawfully present workers
are not available in the United States, and with respect to
whom the Secretary of Labor determines and certifies to the
Secretary of Homeland Security that the intending employer has
filed with the Secretary an application under section
212(n)(1);''.
(b) Admission of Nonimmigrants.--Section 214(g) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)) is amended to read as follows:
``(g)(1) In the case of a nonimmigrant described in section
101(a)(15)(H), the period of authorized admission as such a
nonimmigrant may not exceed 365 days during a 2-year period. Such visas
may be renewed upon expiration of such 2-year period.
``(2) Such a nonimmigrant may not be permitted to change or adjust
to any other immigrant or nonimmigrant classification or status.
``(3) The alien spouse and children of such a nonimmigrant may not,
under section 101(a)(15)(H), accompany or follow to join the
nonimmigrant.''.
SEC. 211. INTERNET-BASED JOB POSTING SYSTEM.
(a) In General.--The Secretary of Labor shall create an Internet-
based job posting system to which all State employment agencies and all
United States businesses are able to acquire password-protected access
to permit direct posting of job openings throughout the United States.
(b) Use of Employer Identification Number.--The system shall use
the employer identification number to identify an employer and to track
use of the system.
(c) Resumes of Citizens and Resident Aliens.--Each resume submitted
electronically by a United States citizen, or an alien lawfully
residing in the United States, with respect to a posted job shall
include the employer's employer identification number. An electronic
copy of each such resume shall be sent to the Department of Labor, in
addition to the copy that is sent directly to the employer.
(d) Maintenance of Data.--All job announcements posted on the
system shall be maintained in archives that include the date of the
initial posting, the number of resumes sent in response to the
announcement, the date on which the position was filled, and whether it
was filled by a United States citizen, an alien lawfully admitted to
the United States for permanent residence, an alien otherwise lawfully
residing in the United States, a nonimmigrant described in section
101(a)(15)(H) of the Immigration and Nationality Act (as amended by
section 210 of this Act), or another individual. This data shall be
updated in real time and shall be available to the public in a
searchable format.
(e) Use of Data.--The Secretary of Labor may use posted job
announcements, and any resumes submitted through the job posting
system, as evidence of compliance or noncompliance by employers using
the system to ensure that employers do not hire nonimmigrants described
in section 101(a)(15)(H) of the Immigration and Nationality Act (as
amended by section 210 of this Act) unless qualified and lawfully
present workers are not available in the United States.
(f) Reports; Cessation of Labor Certifications Based on
Unemployment Rate.--The Secretary of Labor shall publish a quarterly
report, utilizing the data included in the job posting system,
indicating the percentage of new hires, by occupation and geographic
region (as defined by the Secretary), who are nonimmigrants described
in section 101(a)(15)(H) of the Immigration and Nationality Act (as
amended by section 210 of this Act) and the unemployment rate by
occupation and geographic region. If the unemployment rate rises above
5 percent in a particular occupational category in a geographic region
in which more than 15 percent of new hires are such nonimmigrants, no
applications under section 212(n)(1) of such Act (as amended by section
212(g) of this Act) for such nonimmigrants for that occupation and
region shall be approved until the unemployment rate falls below five
percent. The Secretary shall reassess the prevailing wage for that
occupation in that geographic area to ensure that it reflects changed
market conditions prior to resuming approvals of such applications, and
all new applications must reflect the revised prevailing wage.
(g) Effective Date.--This section shall take effect on the date on
which the certifications required under section 201 are made.
SEC. 212. REQUIREMENTS FOR PROSPECTIVE EMPLOYERS OF H NONIMMIGRANTS.
(a) In General.--An employer seeking to hire a nonimmigrant
described in section 101(a)(15)(H) of the Immigration and Nationality
Act (as amended by section 210 of this Act) shall post an announcement
of the job for which the alien is sought on the Internet-based job bank
described in section 211.
(b) Fee.--Such an employer shall pay a fee of $10 per announcement
posted. Such fees shall be placed by the Secretary of Labor in a fund
to be established and used to maintain the Internet-based job bank
described in section 211. Any amounts from such fund not used for
system maintenance shall be used to investigate abuses by employers of
the authority to hire a nonimmigrant described in section 101(a)(15)(H)
of the Immigration and Nationality Act (as amended by section 210 of
this Act).
(c) Announcement Contents.--Each announcement shall list, at a
minimum, the following:
(1) The employer identification number.
(2) The name, contact information, and description of the
employer.
(3) A description of the job.
(4) A description of all specific skills or experience
required to perform the job.
(5) The wage rate or salary being offered for the job,
which shall be at least 100 percent of the prevailing wage rate
for the occupation, as determined by the ``Occupational
Employment Survey'' of the Bureau of Labor Statistics.
(6) The benefits package being offered for the job.
(d) Minimum Posting Period.--Each announcement shall be posted for
a minimum period of 14 days before an employer may seek authorization
to hire a nonimmigrant described in section 101(a)(15)(H) of the
Immigration and Nationality Act (as amended by section 210 of this
Act).
(e) Required Escrow of Return Transportation Costs.--An employer of
a nonimmigrant described in section 101(a)(15)(H) of the Immigration
and Nationality Act (as amended by section 210 of this Act) shall place
into an escrow account at the time of hiring sufficient funds to
transport the nonimmigrant back to the home country when the job ends
or when the period of authorized admission as such a nonimmigrant
expires.
(f) Required Provision of Health Insurance.--An employer of a
nonimmigrant described in section 101(a)(15)(H) of the Immigration and
Nationality Act (as amended by section 210 of this Act) shall provide
such nonimmigrant with health insurance that meets existing minimum
Federal and State requirements, as applicable.
(g) Amendments to Immigration and Nationality Act.--Section 212(n)
of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended as
follows:
(1) By striking ``H-1B nonimmigrants'' each place such term
appears and inserting ``H nonimmigrants''.
(2) In paragraph (1), by adding at the end the following:
``(H) The employer has not laid off or fired (except for
cause) any United States citizen or legally resident alien
worker performing the announced job or an equivalent job in the
6 months immediately preceding the date of application and that
the employer will not lay off or fire (except for cause) any
such worker in the 6 months immediately following the date of
application. If the employer, due to unforeseen financial or
economic circumstances, must lay off a United States citizen or
legally resident alien worker during the 6 months following
application for an H nonimmigrant, the employer will terminate
the H nonimmigrant prior to laying off a United States citizen
or legally resident alien worker performing an equivalent
job.''.
(3) In paragraph (1)(A)(i)(II), by striking ``, and'' and
inserting ``, as determined by the Occupational Employment
Survey of the Bureau of Labor Statistics, and''.
(4) In paragraph (1)(G)(I)--
(A) by striking, ``(G)(i) In the case of an
application described in subparagraph (E)(ii), subject
to clause (ii), the'' and inserting ``(G) The''; and
(B) by striking clause (ii).
(5) In paragraph (2)(C)--
(A) in clause (i)(I), by striking ``$1,000'' and
inserting ``$2,000'';
(B) in clause (ii)(I), by striking ``$5,000'' and
inserting ``$10,000'';
(C) in clause (iii)(I), by striking ``$35,000'' and
inserting ``$70,000''; and
(D) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$2,000''.
(6) In paragraph (5)(E)(i), by striking ``$5,000'' and
inserting ``$10,000''.
(7) By striking--
(A) the final sentence of paragraph (1)(E)(ii);
(B) ``exempt'' in paragraph (2)(E);
(C) paragraph (3)(B); and
(D) in paragraph (3)(C), ``subparagraph (A)--''
through ``(ii)'' and inserting ``subparagraph (A),''.
SEC. 213. REQUIREMENTS FOR ALIENS APPLYING FOR H NONIMMIGRANT STATUS.
(a) In General.--Section 214(g) of the Immigration and Nationality
Act (8 U.S.C. 1184(g), as amended by section 210(b), is further amended
by adding at the end the following:
``(4) Aliens applying for nonimmigrant status under section
101(a)(15)(H) shall be physically present in the country of the alien's
residence and shall apply at a United States embassy, consular office,
or other designated State Department post.
``(5) Such aliens shall pay a visa processing fee in an amount
determined under section 281.
``(6) Such aliens shall file an application that includes a listing
of their education, job skills and prior employment history, along with
supporting documentation and references.
``(7) Such aliens do not have to be applying for a specific job
that is open, but rather shall apply to be added to a database of
workers who are already processed and waiting for a job to open that
matches their skills set. Aliens approved for such status shall remain
in the foreign country of residence until such time as an employer is
approved to hire such a worker and finds that a particular approved
alien meets the needs of the particular job opening.
``(8) The Secretary of State shall verify that the education and
work history provided by such an alien is accurate, prior to the
alien's name being added to the database of approved prospective
nonimmigrants under section 101(a)(15)(H).
``(9) Such aliens shall submit to fingerprinting and photographing
by Department of State or Homeland Security personnel so that the data
may be added to the Chimera system required under section 202(a)(2) of
the Enhanced Border Security and Visa Entry Reform Act of 2002. Such
identifying information shall be entered into the Chimera system before
a nonimmigrant visa under section 101(a)(15)(H) may be issued. Such
aliens shall undergo criminal background and health checks to ensure
admissibility under section 212(a).
``(10) Any alien who violates a term or condition of the alien's
admission as a nonimmigrant under section 101(a)(15)(H), including
failure to leave the United States at the termination of the period of
authorized admission, shall be barred from receiving any immigrant or
nonimmigrant visa for a period of 10 years.
``(11) Aliens applying for nonimmigrant status under section
101(a)(15)(H) shall sign a legally enforceable affidavit attesting that
they--
``(A) understand that they will not be permitted to
change or adjust to any other immigrant or nonimmigrant
classification or status while present in the United
States;
``(B) waive eligibility for any Federal, State or
local non-emergency public assistance for which they
might otherwise be eligible during their tenure as such
a nonimmigrant; and
``(C) understand the penalties for failing to abide
by the terms of their admission as such a nonimmigrant.
``(12) Aliens who apply for renewal of nonimmigrant status under
section 101(a)(15)(H) shall undergo new criminal background and health
checks before the renewal may be granted.''.
(b) Special Rule on Citizenship at Birth for Children of H
Nonimmigrants.--Notwithstanding title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.), or any other law, a child born
in the United States to a parent who is a nonimmigrant described in
section 101(a)(15)(H) of the Immigration and Nationality Act (as
amended by section 210 of this Act) shall not be a national or citizen
of the United States at birth unless the other parent is a citizen of
the United States or an alien lawfully admitted to the United States
for permanent residence.
SEC. 214. DATABASE OF APPROVED PROSPECTIVE H NONIMMIGRANTS.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g), as amended by sections 210(b) and 213(a), is further amended
by adding at the end the following:
``(13) The Secretary of Labor shall establish and maintain a
database of all nonimmigrant visa applicants under section
101(a)(15)(H) who are approved by the Department of State. Such
database shall include all identifying information and all information
regarding job skills and employment history, as collected by such
Department. Once the Secretary of Labor approves an employer's
application under section 212(n)(1), such Secretary shall make
available to the employer a list of aliens who are available and
approved by the Department of State to fill the open job position, as
described in the announcement posted by the employer on the Internet-
based job posting system established under section 211 of the BE REAL
Act of 2003. No employer shall have access to any information included
in the database regarding such visa applicants until after such
application is approved. The Secretary of State shall transmit to the
Secretary of Labor all information regarding the identity, job skills,
and employment history of an alien not later than 7 days after the date
on which the Secretary of State determines that the alien has satisfied
all the requirements established in paragraphs (4) through (12).''.
SEC. 215. EFFECTIVE DATE.
Except as otherwise provided in this subtitle, this subtitle, and
the amendments made by this subtitle, shall take effect 1 year after
the date on which the certifications required by section 210 are made.
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Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Government Reform, Education and the Workforce, and International Relations, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Government Reform, Education and the Workforce, and International Relations, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Government Reform, Education and the Workforce, and International Relations, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Government Reform, Education and the Workforce, and International Relations, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Government Reform, Education and the Workforce, and International Relations, 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.
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Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Government Reform, Education and the Workforce, and International Relations, 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.
Referred to the Subcommittee on Social Security.
Referred to the Subcommittee on Civil Service and Agency Organization.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
Referred to the Subcommittee on Employer-Employee Relations.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on 21st Century Competitiveness.
Sponsor introductory remarks on measure. (CR H4754-4758)