Rewarding Employers that Abide by the Law and Guaranteeing Uniform Enforcement to Stop Terrorism Act of 2005 or the REAL GUEST Act of 2005 - Amends the Immigration and Nationality Act (INA) to establish 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 or could not be trained in less than one year.
Increases: (1) border inspectors; (2) benefits fraud inspectors; and (3) immigration and customs enforcement attorneys.
Amends the Posse Comitatus Act to authorize U.S. military use for border enforcement.
Suspends the visa waiver program until the Secretary of Homeland Security certifies full implementation of an automated entry-exit system and the use of biometric machine readers and passports.
Amends INA to establish criminal and forfeiture penalties for unlawful presence.
Enhances civil and criminal penalties for document fraud and false statements of citizenship.
Revises provisions respecting: (1) valid identification documents for federal benefits purposes; (2) U.S. passports; (3) Social Security cards and accounts; (4) state licenses and identification documents; (5) adjustment of status; and (6) asylum termination.
Provides for federal custody of illegal aliens upon state or local request.
Establishes a visa term compliance bond.
Directs the Secretary to establish a U.S. Immigration and Customs Enforcement Office of Investigations in Tulsa, Oklahoma.
Renames the employment authorization verification pilot program as the EASI Check system, and makes such program mandatory and permanent. Sets forth program provisions.
Increases employer penalties for hiring, recruiting, or referral violations, including permanent ineligibility to petition for H-visa workers.
Amends the Internal Revenue Code to: (1) provide for individual taxpayer identification number (TIN) sharing between the Internal Revenue Service (IRS) and the Department of Homeland Security (DHS); (2) restrict tax credit eligibility for persons using a TIN rather than a social security number; and (3) provide maximum penalties for certain noncomplying employers.
Declares that states and localities have the inherent authority to arrest, detain, or transfer aliens in the enforcement of U.S. immigration laws.
Requires Cameron University, Lawton, Oklahoma, to establish an immigration training demonstration project for state, local and tribal law enforcement officers.
Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to: (1) revise funding provisions for federal reimbursement of emergency health services furnished to undocumented aliens; (2) require an eligible health care provider in order to be paid for services to obtain and forward to U.S. Immigration and Customs Enforcement (ICE) an alien's citizenship information; and (3) eliminate coverage for Mexicans with border crossing cards.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3333 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3333
To enhance border enforcement, improve homeland security, remove
incentives for illegal immigration, and establish a guest worker
program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2005
Mr. Tancredo introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Homeland Security, Education and the Workforce, Ways and Means,
International Relations, Energy and Commerce, 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 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rewarding
Employers that Abide by the Law and Guaranteeing Uniform Enforcement to
Stop Terrorism Act of 2005'' or the ``REAL GUEST Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REWARDING EMPLOYERS THAT ABIDE BY THE LAW
Subtitle A--Access; Opportunity
Sec. 101. H nonimmigrant worker category.
Sec. 102. Internet-based job posting system.
Sec. 103. Requirements for prospective employers of H nonimmigrants.
Sec. 104. Requirements for aliens seeking H nonimmigrant status.
Sec. 105. Database of approved prospective H nonimmigrants.
Sec. 106. Effective date.
Subtitle B--Requiring Lawful Migration
Sec. 111. Certifications.
TITLE II--GUARANTEEING UNIFORM ENFORCEMENT TO STOP TERRORISM
Subtitle A--No Access; No Opportunity
Sec. 201. Sense of Congress that the military, when feasible, should
conduct training exercises in supporting
functions for the border patrol.
Sec. 202. Use of army and air force to secure the borders.
Sec. 203. Increase in full-time USCBP immigration inspectors.
Sec. 204. Increase in full-time USICE detention and removal officers.
Sec. 205. Functions of detention and removal officers.
Sec. 206. Increase in USICE criminal investigators for benefits fraud.
Sec. 207. Increase in attorneys for the USICE legal program.
Sec. 208. Suspension of visa waiver program.
Sec. 209. Civil and criminal penalties for unlawful presence.
Sec. 210. Listing of immigration violators in the National Crime
Information Center Database.
Sec. 211. Civil and criminal penalties for document fraud, benefit
fraud, and false claims of citizenship.
Sec. 212. Identification standard for Federal benefits.
Sec. 213. Fingerprinting of applicants for United States passports.
Sec. 214. Visa term compliance bonds.
Sec. 215. Release of aliens in removal proceedings.
Sec. 216. Detention of aliens delivered by bondsmen.
Sec. 217. Independent verification of birth records provided in support
of applications for social security account
numbers.
Sec. 218. Birth certificates.
Sec. 219. Maximum period of validity for State licenses and
identification documents.
Sec. 220. Establishment of immigration and customs field office in
Tulsa, Oklahoma.
Subtitle B--Reversing Unlawful Migration
Sec. 221. Mandatory employment authorization verification.
Sec. 222. Employer sanctions.
Sec. 223. Limited duration social security account numbers for
nonimmigrants.
Sec. 224. Mandatory notification of social security account number
mismatches and multiple uses.
Sec. 225. No social security credit for work performed while unlawfully
present.
Sec. 226. Reducing individual taxpayer identification number abuse.
Sec. 227. Limited eligibility for tax credits and refunds.
Sec. 228. Penalty for failure to file correct information returns.
Sec. 229. Adjustment of status.
Sec. 230. Revocation of temporary status.
Sec. 231. Repeal of amnesty provision.
Sec. 232. Penalties for violations of Federal immigration laws by
States and localities.
Sec. 233. Clarification of inherent authority of State and local law
enforcement.
Sec. 234. USICE response to requests for assistance from State and
local law enforcement.
Sec. 235. Basic immigration enforcement training for State, local, and
tribal law enforcement officers.
TITLE III--REVISION OF FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH CARE
SERVICES FURNISHED TO ILLEGAL ALIENS
Sec. 301. Revision of Federal reimbursement of emergency health care
services furnished to illegal aliens.
TITLE I--REWARDING EMPLOYERS THAT ABIDE BY THE LAW
Subtitle A--Access; Opportunity
SEC. 101. H NONIMMIGRANT WORKER CATEGORY.
(a) In General.--Section 101(a)(15)(H) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)) 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 work for which
qualified and lawfully present workers are not available and
could not be trained in a period of less than one year, 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) Admission of H Nonimmigrants.--
``(1) In the case of a nonimmigrant described in section
101(a)(15)(H)--
``(A) the period of authorized admission may not
exceed 365 days during any 2-year period and may be
renewed only upon expiration of each 2-year period;
``(B) adjustment of status and change of status to
any other immigrant or nonimmigrant classification or
status are prohibited; and
``(C) spouses and children may not accompany or
follow to join the principal aliens.''.
(c) Effective Date.--The amendments made by this section shall take
effect 180 days after the date on which the last of the certifications
required under section 111 is made.
SEC. 102. INTERNET-BASED JOB POSTING SYSTEM.
(a) In General.--The Secretary of Labor shall take any steps
necessary to ensure that all State employment agencies and all
employers in the United States are able to acquire secure, password-
protected access to the Internet-based job database provided jointly by
the Department of Labor and State employment security agencies and
known as ``America's Job Bank'' in order to permit the posting of job
openings throughout the United States.
(b) Use of Data.--The Secretary of Labor may use posted job
announcements and resumes submitted through the job posting system to
determine whether employers who petition for nonimmigrants described in
section 101(a)(15)(H) of the Immigration and Nationality Act (as
amended by section 101 of this Act) are complying with the law.
(c) Reports; Cessation of Labor Certifications.--
(1) Reports.--The Secretary of Labor shall publish
quarterly reports, utilizing the data included in the job
posting system, indicating unemployment and real wage trends by
occupational category and geographic region. The Secretary
shall make such reports available to the public on a timely
basis.
(2) Cessation.--If compensation, including real wages,
benefits, and working conditions, in a particular occupational
category in a geographic region has been stagnant or in decline
for the 6-month period immediately preceding the filing of a
petition for an H nonimmigrant worker, the Secretary shall not
approve the petition until--
(A) compensation in that occupational category and
geographic region has increased each month for at least
6 months by an amount to be determined by the
Secretary; and
(B) the Secretary has reassessed the prevailing
wage for that occupational category and geographic
region to ensure that it reflects the rising real wage
levels.
SEC. 103. 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 101 of this Act) shall post an announcement
of the job for which the nonimmigrant is sought on America's Job Bank.
(b) Fee.--Employers shall be required to pay a user fee of $10 per
worker sought through America's Job Bank. Such fees shall be placed by
the Secretary of Labor in a fund to be used to maintain and improve
America's Job Bank. Any amounts from such fund not used for system
maintenance shall be used to investigate abuses of the H nonimmigrant
program.
(c) Announcement Contents.--Each job announcement posted pursuant
to this section shall list, at a minimum, the following:
(1) The name, contact information, and description of the
employer.
(2) A description of the job and the minimum skills
necessary to perform it.
(3) A description of any additional knowledge, skills, or
abilities that are preferred by the employer.
(4) The wage rate or salary being offered for the job,
which shall be at least equal to the median national wage rate
for the occupation, as determined by the Occupational
Employment Statistics survey of the Bureau of Labor Statistics,
or the prevailing wage, whichever is greater.
(5) The benefits package being offered for the job.
(d) Minimum Posting Period.--Each announcement shall be posted for
a minimum period of 14 days, including the 7 days that end one week
before the job begins, before an employer may seek authorization to
hire an H nonimmigrant.
(e) Required Escrow of Return Transportation Costs.--An employer of
an H nonimmigrant 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
expires.
(f) Amendments to Immigration and Nationality Act.--Section 212(n)
of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended--
(1) by striking ``H-1B nonimmigrants'' each place it
appears and inserting ``H nonimmigrants'';
(2) in paragraph (1)--
(A) by amending clause (i) of subparagraph (A) to
read as follows:
``(i) is offering and will offer during the
period of authorized employment to aliens
admitted or provided status as H nonimmigrants
real wages equal to the median national wage
rate for the occupation, as determined by the
Occupational Employment Statistics survey of
the Bureau of Labor Statistics, or the
prevailing wage, whichever is greater.'';
(B) by striking subparagraph (E) and inserting the
following:
``(E) The employer has not laid off or dismissed
(except for cause) any United States 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 dismiss (except for
cause) any such worker while employing the H
nonimmigrant worker. If the employer, due to unforeseen
financial or economic circumstances, must lay off a
United States worker, the employer shall terminate any
H nonimmigrants performing equivalent jobs prior to
laying off any United States workers.'';
(C) in subparagraph (F)--
(i) by striking ``In the case of'' and all
that follows through ``, the'' and inserting
``The''; and
(ii) by striking ``regardless of whether''
and all that follows through ``employer)''; and
(D) by amending subparagraph (G) to read as
follows:
``(G) The employer, prior to filing the
application--
``(i) has complied with the job-posting
requirements described in subsections (b), (c),
and (d) to recruit United States workers for
the job for which the nonimmigrant is or
nonimmigrants are sought; and
``(ii) has offered the job to any United
States worker who applies and is equally or
better qualified for such job.'';
(3) in paragraph (2)(C)--
(A) in subclause (i)(I), by striking ``$1,000'' and
inserting ``$2,000'';
(B) in subclause (ii)(I), by striking ``$5,000''
and inserting ``$10,000'';
(C) in subclause (iii)(I), by striking ``$35,000''
and inserting ``$70,000''; and
(D) in subclause (vi)(III), by striking ``$1,000''
and inserting ``$2,000'';
(4) in clause (i) of paragraph (5)(E), by striking ``$1,000
per violation or $5,000'' and inserting ``$2,000 per violation
or $10,000'';
(5) in paragraph (2)(E), by striking ``a nonexempt'' and
inserting ``an''; and
(6) by striking paragraph (3) and redesignating paragraphs
(4) and (5) as paragraphs (3) and (4), respectively.
(g) Effective Date.--This section (and the amendments made by this
section) shall take effect 180 days after the date on which the last of
the certifications required under section 111 is made.
SEC. 104. REQUIREMENTS FOR ALIENS SEEKING 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 101(b), is further
amended by adding at the end the following:
``(2) Aliens seeking status under section 101(a)(15)(H)
shall--
``(A) be physically present in the country of the
alien's residence and apply at a United States embassy,
consular office, or other designated State Department
post;
``(B) pay a visa processing fee in an amount
determined under section 281;
``(C) file an application that includes educational
attainment, job skills, and prior employment history,
along with supporting documentation and references;
``(D) sign a legally enforceable affidavit
attesting that they--
``(i) 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;
``(ii) acknowledge that a child born to
them during their stay in the United States
will not be granted U.S. citizenship unless the
other parent is a U.S. citizen or lawful
permanent resident;
``(iii) waive eligibility for any Federal,
State, or local non-emergency public assistance
for which they might otherwise be eligible
during their tenure as an H nonimmigrant; and
``(iv) understand the penalties for failing
to abide by the terms of their admission as an
H nonimmigrant;
``(E) apply to be added to the database of
prescreened, available workers described in paragraph
(7), rather than applying for a particular, available
job;
``(F) remain in the foreign country of residence
until such time as an employer receives authorization
to hire an H nonimmigrant and chooses that alien from
the database to fill the particular job opening; and
``(G) submit to fingerprinting and photographing so
that the data may be added to the Chimera system,
required by the Enhanced Border Security and Visa Entry
Reform Act of 2002 (Public Law 107-173), and undergo
criminal background and health checks to ensure
admissibility under section 212(a).
``(3) The Secretary of State shall take reasonable steps to
verify that the education and work history provided by aliens
seeking H nonimmigrant status are accurate prior to adding such
aliens to the database described in paragraph (7).
``(4) Notwithstanding any prior criminal or terrorist
background checks performed, nonimmigrants described in section
101(a)(15)(H) who are selected by employers from the database
shall be checked against criminal and terrorist databases no
more than one week prior to admission to the United States.
Aliens who apply for renewal of nonimmigrant status under
section 101(a)(15)(H) shall undergo new criminal background and
health checks before renewal may be granted.
``(5)(A) Any alien who has been listed in the database
described in paragraph (7) for a continuous period of 24 months
without being selected by an employer shall be removed from the
database unless such alien submits an updated application to be
listed. The Secretary of State shall extend such alien's
listing for another 24 months, without additional cost to the
alien, if the updated application is timely, complete, and
accurate.
``(B) Any alien in the database who is selected by an
employer shall be removed from the database upon admission to
the United States to perform the work. Such alien may submit an
updated application to be relisted at the end of his or her
authorized stay in the United States if the application is
timely, complete, and accurate, and if the alien satisfied all
the terms of the H nonimmigrant visa.
``(6) An alien who violates a term or condition of the
alien's admission as an H nonimmigrant, including failure to
leave the United States upon the expiration of the period of
authorized admission, shall be barred from receiving any
immigrant or nonimmigrant visa for a period of 10 years.''.
(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 101 of this Act) shall not be a national or citizen
of the United States at birth unless the other parent is a citizen or
lawful permanent resident of the United States.
SEC. 105. 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 101(b) and 104(a), is further amended
by adding at the end the following:
``(7)(A) The Secretary of Labor shall establish and
maintain a database of all aliens approved for status under
section 101(a)(15)(H). Such database shall include all
information regarding each alien's job skills, education, and
employment history.
``(B) Once the Secretary approves an employer's petition
under section 212(n)(1), the Secretary shall make available to
the employer a list of the prescreened, available aliens who
may be able to fill the open job position, as described in the
announcement posted by the employer on America's Job Bank.
``(i) The Secretary shall not provide the employer
with access to contact information, other than the
alien's name, about any alien listed in the database.
``(ii) The Secretary shall ensure that no employer
is able to access any information in the database until
after such employer's labor condition application is
approved.
``(C) Once an employer selects one or more workers in the
database, the Secretary shall provide the employer with contact
information for the worker so the employer can make an offer of
employment. If the alien accepts the offer, the Secretary shall
issue the alien an H nonimmigrant visa within 3 days of such
acceptance.''.
SEC. 106. EFFECTIVE DATE.
Except as otherwise provided, the provisions in this subtitle (and
the amendments made by this subtitle) shall take effect on the date on
which the last of the certifications required by section 111 is made.
Subtitle B--Requiring Lawful Migration
SEC. 111. CERTIFICATIONS.
(a) Secretary of Homeland Security.--Prior to the implementation of
the program described in subtitle A, 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 automated entry-exit control system required under
section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1221 note), as amended, is
fully implemented and functional, 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 and 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 being
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 EASI Check system described in section 221 of this
Act is fully implemented and functional and DHS has an
enforcement plan in place that targets U.S. employers based on
information from DHS, SSA, and IRS regarding the EASI-Check
system, mismatched SSNs, and incorrectly filed information
returns.
(5) All of the additional Border Patrol agents authorized
under the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458) have been hired, trained, and
deployed and, if necessary, a sufficient number of United
States military personnel has been deployed to support the
Border Patrol so illegal entry has been reduced to the point
that it is estimated at a lower level than annual removals.
(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 DHS databases containing information on noncitizens
and the National Crime Information Center database are
interoperable.
(8) The absconder rate for aliens ordered removed from the
United States is less than five percent for the previous 12-
month period.
(9) Section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)) and sections 209, 232, and 233 of this Act
have been fully implemented and United States Immigration and
Customs Enforcement employees respond to every request for
assistance from State and local law enforcement authorities,
either by taking custody of illegal aliens located by those
authorities or by reimbursing those authorities for the costs
of detaining and transporting such aliens.
(10) At least 80 percent of visa overstays are located and
removed within one year of overstaying.
(b) Impact Study.--Prior to the implementation of the program
described in subtitle A:
(1) Study.--The Director of the Bureau of the Census,
jointly with the Secretaries of Agriculture, Education, Energy,
Health and Human Services, Homeland Security, Housing and Urban
Development, Interior, Justice, Labor, Transportation, and
Treasury and the Administrator of the Environmental Protection
Agency shall undertake a study examining the impacts on U.S.
infrastructure and quality of life of--
(A) current annual levels of immigrant and
nonimmigrant admissions;
(B) illegal immigration; and
(C) implementation of the program established in
subtitle A.
(2) Report.--The Director of the Bureau of the Census shall
submit to Congress a report on the findings of the study
required in paragraph (1) of this subsection, including the
following information:
(A) An estimate of the total legal and illegal
alien populations of the United States, as they relate
to the total population.
(B) The projected impact of legal and illegal
immigration on the size of the population of the United
States over the next 50 years; the regions of the
country that are likely to experience the largest
increases; and the small towns and rural counties that
are likely to lose their character as a result of such
growth.
(C) The impact of the current and projected
foreign-born populations on the natural environment,
including the consumption of nonrenewable resources,
waste production, and disposal, the emission of
pollutants, and the loss of habitat and productive
farmland; an estimate of the public expenditures
required to maintain current standards in each of these
areas; and the degree to which current standards will
deteriorate if such expenditures are not forthcoming.
(D) The impact of the current and projected
foreign-born populations on employment and wage rates,
particularly in industries in which the foreign born
are concentrated; and an estimate of the associated
public costs.
(E) The impact of the current and projected
foreign-born populations on the need for additions and
improvements to the transportation infrastructure of
the United States; an estimate of the public
expenditures required to meet this need; and the impact
on Americans' mobility if such expenditures are not
forthcoming.
(F) The impact of the current and projected
foreign-born populations on enrollment, class size,
teacher-student ratios, and the quality of education in
public schools; an estimate of the public expenditures
required to maintain current median standards; and the
degree to which those standards will deteriorate if
such expenditures are not forthcoming.
(G) The impact of the current and projected
foreign-born populations on homeownership rates,
housing prices, and the demand for low-income and
subsidized housing; the public expenditures required to
maintain current median standards in these areas; and
the degree to which those standards will deteriorate if
such expenditures are not forthcoming.
(H) The impact of the current and projected
foreign-born populations on access to quality health
care and on the cost of health care and health
insurance; an estimate of the public expenditures
required to maintain current median standards; and the
degree to which those standards will deteriorate if
such expenditures are not forthcoming.
(I) The impact of the current and projected
foreign-born populations on the criminal justice system
in the United States; and an estimate of the associated
public costs.
TITLE II--GUARANTEEING UNIFORM ENFORCEMENT TO STOP TERRORISM
Subtitle A--No Access; No Opportunity
SEC. 201. SENSE OF CONGRESS THAT THE MILITARY, WHEN FEASIBLE, SHOULD
CONDUCT TRAINING EXERCISES IN SUPPORTING FUNCTIONS FOR
THE BORDER PATROL.
It is the sense of Congress that the President should deploy United
States military troops, when feasible, to conduct training exercises in
supporting functions for the border patrol.
SEC. 202. USE OF ARMY AND AIR FORCE TO SECURE THE BORDERS.
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. 203. INCREASE IN FULL-TIME USCBP IMMIGRATION INSPECTORS.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall increase by 2,000 above the number funded in
fiscal year 2006 the number of full-time United States Customs and
Border Protection immigration inspectors by the end of fiscal year
2008. 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 an
increase in inspectors.
SEC. 204. INCREASE IN FULL-TIME USICE DETENTION AND REMOVAL OFFICERS.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall increase by 2,000 above the number funded in
fiscal year 2006 the number of full-time United States Immigration and
Customs Enforcement detention and removal officers by the end of the
fiscal year 2008. There are authorized to be appropriated such sums as
may be necessary for additional resources for support personnel and
equipment for detention and removals to implement such increase in
personnel.
SEC. 205. 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 aliens who have overstayed their
visas, alien absconders, and aliens apprehended by State or local
authorities.
SEC. 206. INCREASE IN USICE CRIMINAL INVESTIGATORS FOR BENEFITS FRAUD.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall increase by 500 above the number funded in
fiscal year 2006 the number of 1811-series criminal investigators to be
assigned to the benefits fraud unit in the United States Immigration
and Customs Enforcement to do benefits and false claims investigation
by the end of fiscal year 2008. There are authorized to be appropriated
such sums as may be necessary for related training and support.
SEC. 207. INCREASE IN ATTORNEYS FOR THE USICE LEGAL PROGRAM.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall increase by 300 above the number funded in
fiscal year 2006 the number of attorneys for the United States
Immigration and Customs Enforcement Legal Program by the end of the
fiscal year 2008. There are authorized to be appropriated such sums as
may be necessary for related training and support.
SEC. 208. SUSPENSION OF VISA WAIVER PROGRAM.
(a) Notwithstanding any other provision of law, the visa waiver
program established under section 217 of the Immigration and
Nationality Act is suspended until the Secretary of Homeland Security
determines and certifies to the Congress that--
(1) the automated entry-exit control system authorized
under section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note), as
amended, is fully implemented and functional;
(2) all United States ports of entry have functional
biometric machine readers; and
(3) all nonimmigrants, including Border Crossing Card
holders, are processed through the automated entry-exit system.
(b) Subparagraph (B) of section 217(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1187(a)(3)) is repealed.
SEC. 209. CIVIL AND CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE.
(a) Aliens Unlawfully Present.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after
section 275 the following:
``criminal penalties and forfeiture for unlawful presence in the united
states
``Sec. 275A. (a) In addition to any other violation, an alien
present in the United States in violation of this Act shall be guilty
of a felony and shall be fined under title 18, United States Code,
imprisoned not less than 1 year, or both. The assets of any alien
present in the United States in violation of this Act shall be subject
to forfeiture under title 18, United States Code.
``(b) It shall be an affirmative defense to a violation of
subsection (a) that the alien overstayed the time allotted under the
visa due to an exceptional and extremely unusual hardship or physical
illness that prevented the alien from leaving the United States by the
required date.''.
(b) Increase in Criminal Penalties for Illegal Entry.--Section
275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is
amended by striking ``not more than 6 months,'' and inserting ``not
less than 1 year,''.
SEC. 210. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.
(a) Provision of Information to the NCIC.--Not later than 180 days
after the date of enactment of this Act, the Under Secretary for Border
and Transportation Security of the Department of Homeland Security
shall provide the National Crime Information Center of the Department
of Justice with such information as the Director may have on any and
all aliens against whom a final order of removal has been issued, any
and all aliens who have signed a voluntary departure agreement, and any
and all aliens who have overstayed their visa. Such information shall
be provided to the National Crime Information Center regardless of
whether or not the alien received notice of a final order of removal
and even if the alien has already been removed.
(b) Inclusion of Information in the NCIC Database.--Section 534(a)
of title 28, United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States,
regardless of whether or not the alien has received notice of
the violation and even if the alien has already been removed;
and''.
(c) State and Local Law Enforcement Provision of Information About
Apprehended Illegal Aliens.--
(1) Provision of information.--
(A) In general.--In order to receive funds under
the State Criminal Alien Assistance Program described
in section 241(i) of the Immigration and Nationality
Act (8 U.S.C. 1231(i)), States and localities shall
provide to the Department of Homeland Security the
information listed in subsection (b) on each alien
apprehended in the jurisdiction of the State or
locality who is believed to be in violation of an
immigration law of the United States.
(B) Time limitation.--Not later than 10 days after
an alien described in paragraph (1) is apprehended,
information required to be provided under paragraph (1)
must be provided in such form and in such manner as the
Secretary of Homeland Security may, by regulation or
guideline, require.
(2) Information required.--The information listed in this
subsection is as follows:
(A) The alien's name.
(B) The alien's address or place of residence.
(C) A physical description of the alien.
(D) The date, time, and location of the encounter
with the alien and reason for stopping, detaining,
apprehending, or arresting the alien.
(E) If applicable, the alien's driver's license
number and the State of issuance of such license.
(F) If applicable, the type of any other
identification document issued to the alien, any
designation number contained on the identification
document, and the issuing entity for the identification
document.
(G) If applicable, the license plate number, make,
and model of any automobile registered to, or driven
by, the alien.
(H) A photo of the alien, if available or readily
obtainable.
(I) The alien's fingerprints, if available or
readily obtainable.
(3) Reimbursement.--The Department of Homeland Security
shall reimburse States and localities for all reasonable costs,
as determined by the Secretary of Homeland Security, incurred
by that State or locality as a result of providing information
required by this section.
(4) Authorization of appropriations.--There is authorized
to be appropriated such sums as necessary to carry out this
Act.
(d) Forgery of Federal Documents.--
(1) In general.--Chapter 25 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 515. Federal records, documents, and writings, generally
``Any person who--
``(1) falsely makes, alters, forges, or counterfeits any
Federal record, Federal document, Federal writing, or record,
document or writing characterizing, or purporting to
characterize, official Federal activity, service, contract,
obligation, duty, property, or chose;
``(2) utters or publishes as true, or possesses with intent
to utter or publish as true, any record, document, or writing
described in paragraph (1), knowing, or negligently failing to
know, that such record, document or writing has not been
verified, has been inconclusively verified, is unable to be
verified, or is false, altered, forged, or counterfeited;
``(3) transmits to, or presents at any office, or to any
officer, of the United States, any records, document, or
writing described in paragraph (1), knowing, or negligently
failing to know, that such record, document or writing has not
been verified, has been inconclusively verified, in unable to
be verified, or is false, altered, forged, or counterfeited;
``(4) attempts, or conspires to commit, any of the acts
described in paragraphs (1) through (3); or
``(5) while outside of the United States, engages in any of
the acts described in paragraphs (1) through (3),
shall be fined under this title, imprisoned not more than 10 years, or
both.''.
(2) Clerical amendment.--The table of contents for chapter
25, of title 18, United States Code, is amended by inserting
after the item relating to section 415 the following:
``515. Federal records, documents, and writing, generally.''.
SEC. 211. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT FRAUD, BENEFIT
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''; and
(D) in paragraph (6), by striking ``one year'' and
inserting ``two years''.
SEC. 212. IDENTIFICATION STANDARD FOR FEDERAL BENEFITS.
(a) Federal Agencies.--No department, agency, commission, other
entity, or employee of the Federal Government may accept, recognize, or
rely on (or authorize the acceptance or recognition of or reliance on)
for the purpose of establishing identity any document except those
described in subsection (c).
(b) State and Local Agencies.--No department, agency, commission,
other entity, or employee of a State or local government charged with
providing or approving applications for public benefits or services
funded in whole or in part with Federal funds may accept, recognize, or
rely on (or authorize the acceptance or recognition of or reliance on)
for the purpose of establishing identity any document except those
described in subsection (c).
(c) Documents Described.--Documents described in this subsection
are limited to--
(1)(A) Valid, unexpired United States passports,
immigration documents, and other identity documents issued by a
Federal authority.
(B) Individual taxpayer identification numbers issued by
the Internal Revenue Service shall not be considered identity
documents for purposes of subparagraph (A).
(2) Valid, unexpired identity documents issued by a State
or local authority if--
(A) the State or local authority statutorily bars
issuance of such identity documents to aliens
unlawfully present in the United States; and
(B) the State or local authority requires
independent verification of records provided by the
applicant in support of the application for such
identity documents.
(3) Valid, unexpired foreign passports, if such passports
include or are accompanied by proof of lawful presence in the
United States.
SEC. 213. 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, 2008, 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. 214. VISA TERM COMPLIANCE BONDS.
(a) Definitions.--For purposes of this section:
(1) Visa term compliance bond.--The term ``visa term
compliance bond'' means a written suretyship undertaking
entered into by an alien individual seeking admission to the
United States on a nonimmigrant visa whose performance is
guaranteed by a bail agent.
(2) Suretyship undertaking.--The term ``suretyship
undertaking'' means a written agreement, executed by a bail
agent, which binds all parties to its certain terms and
conditions and which provides obligations for the visa
applicant while under the bond and penalties for forfeiture to
ensure the obligations of the principal under the agreement.
(3) Bail agent.--The term ``bail agent'' means any
individual properly licensed, approved, and appointed by power
of attorney to execute or countersign bail bonds in connection
with judicial proceedings and who receives a premium.
(4) Surety.--The term ``surety'' means an entity, as
defined by, and that is in compliance with, sections 9304
through 9308 of title 31, United States Code, that agrees--
(A) to guarantee the performance, where
appropriate, of the principal under a visa term
compliance bond;
(B) to perform as required in the event of a
forfeiture; and
(C) to pay over the principal (penal) sum of the
bond for failure to perform.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(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 after the date of issue;
(B) at the expiration, cancellation, or surrender
of the visa; or
(C) immediately upon nonpayment of the premium.
(3) Renewal.--A visa term compliance may be renewed
annually with payment of proper premium at the option of the
bail agent or surety, but only if there has been no breech of
conditions, default, claim, or forfeiture of the bond.
(4) Cancellation.--A visa term compliance bond shall be
canceled and the surety and bail agent exonerated--
(A) for nonrenewal;
(B) if the surety or bail agent provides reasonable
evidence that there was misrepresentation or fraud in
the application for the bond;
(C) upon termination of the visa;
(D) upon death, incarceration of the principal, or
the inability of the surety to produce the principal
for medical reasons;
(E) if the principal is detained in any city,
State, country, or political subdivision thereof;
(F) if the principal departs from the United States
for any reason without permission of the Secretary of
Homeland Security and the surety or bail agent; or
(G) if the principal is surrendered by the surety.
(5) Effect of expiration or cancellation.--When a visa term
compliance bond expires without being immediately renewed, or
is canceled, the nonimmigrant status of the alien shall be
revoked immediately.
(6) Surrender of principal; forfeiture of bond premium.--
(A) Surrender.--At any time before a breach of any
of the conditions of a visa term compliance bond, the
surety or bail agent may surrender the principal, or
the principal may surrender, to any United States
Immigration and Customs Enforcement or 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 the Secretary;
(iii) conceals himself or herself;
(iv) fails to report to the Secretary as
required at least annually; or
(v) violates the contract with the bail
agent or surety, commits any act that may lead
to a breech of the bond, or otherwise violates
any other obligation or condition of the visa
established by the Secretary.
(7) Certified copy of undertaking or warrant to accompany
surrender.--
(A) In general.--A person desiring to make a
surrender of the visa holder--
(i) shall have the right to petition any
Federal court for an arrest warrant for the
arrest of the visa holder;
(ii) shall forthwith be provided a
certified copy of the arrest warrant and the
undertaking; and
(iii) shall have the right to pursue,
apprehend, detain, and deliver the visa holder,
together with the certified copy of the arrest
warrant and the undertaking, to any official or
facility of the United States Immigration and
Customs Enforcement or 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 shall--
(I) order the visa canceled;
(II) immediately obtain a warrant
for the visa holder's arrest;
(III) order the bail agent and
surety to take the visa holder into
custody and surrender the visa holder
to the Secretary; and
(IV) mail notice to the bail agent
and surety via certified mail return
receipt at each of the addresses in the
bond.
(ii) A bail agent or surety shall have full
and complete access to 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 213 of the
REAL GUEST Act of 2005 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), the
Secretary shall--
(I) order that the bail agent and
surety are completely exonerated, and
the bond canceled and terminated; and
(II) if the Secretary has issued an
order under clause (i), the surety may
request, by written, properly filed
motion, reinstatement of the bond.
Subclause (II) may not be construed to prevent
the Secretary from revoking or resetting a
higher bond.
(iv) The bail agent or surety must--
(I) produce the visa bond holder;
or
(II)(aa) prove within 180 days that
producing the bond holder was
prevented--
(AA) by the bond holder's
illness or death;
(BB) because the bond
holder is detained in custody
in any city, State, country, or
political subdivision thereof;
(CC) because the bond
holder has left the United
States or its outlying
possessions (as defined in
section 101(a) of the
Immigration and Nationality Act
(8 U.S.C. 1101(a)); or
(DD) because required
notice was not given to the
bail agent or surety; and
(bb) prove within 180 days that the
inability to produce the bond holder
was not with the consent or connivance
of the bail agent or sureties.
(v) If the bail agent or surety does not
comply with the terms of this bond within 60
days after the mailing of the notice required
under clause (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
such 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 such 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 such 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) Waiver.--The Secretary may waive the penalty
fees or extend the period for payment or both under
subparagraph (A), 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 the visa holder 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. 215. 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 the alien's 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. 216. 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 such date.
SEC. 217. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN SUPPORT
OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS.
(a) Applications for Social Security Account Numbers.--Section
205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C.
405(c)(2)(B)(ii)) is amended
(1) by inserting ``(I)'' after ``(ii)''; and
(2) by adding at the end the following new subclause:
``(II) With respect to an application for a social security account
number for an individual, other than for purposes of enumeration at
birth, the Commissioner of Social Security shall require independent
verification of any birth record provided by the applicant in support
of the application.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to applications filed more than 180 days after the
date of the enactment of this Act.
SEC. 218. BIRTH CERTIFICATES.
(a) Applicability of Minimum Standards to Local Governments.--The
minimum standards in this section 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.
(b) Minimum Standards for Federal Recognition.--
(1) Minimum standards for federal use.--
(A) 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.
(B) State certifications.--The Secretary of
Homeland Security shall determine whether a State is
meeting the requirements of this section based on
certifications made by the State to the Secretary. Such
certifications shall be made at such times and in such
manner as the Secretary, in consultation with the
Secretary of Health and Human Services, may prescribe
by regulation.
(2) 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 of Homeland Security 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.
(3) Minimum issuance standards.--
(A) 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:
(i) The name on the birth certificate.
(ii) The date and location of the birth.
(iii) The mother's maiden name.
(iv) Substantial proof of the requestor's
identity.
(B) 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.
(C) Issuance to family members.--Not later than one
year after the date of the enactment of this Act, the
Secretary of Homeland Security, 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.
(D) Waivers.--A State may waive the requirements
set forth in clauses (i) through (iii) of subparagraph
(A) in exceptional circumstances, such as the
incapacitation of the registrant.
(E) 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.
(F) 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.
(4) 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:
(A) Establish and implement minimum building
security standards for State and local vital record
offices.
(B) 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.
(C) Subject all persons with access to vital
records to appropriate security clearance requirements.
(D) Establish fraudulent document recognition
training programs for appropriate employees engaged in
the issuance process.
(E) Establish and implement internal operating
system standards for paper and for electronic systems.
(F) Establish a central database that can provide
interoperative data exchange with other States and with
Federal agencies, subject to privacy restrictions and
confirmation of the authority and identity of the
requestor.
(G) 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''.
(H) Cooperate with the Secretary of Homeland
Security in the implementation of electronic
verification of vital events under subsection (d).
(c) 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 of
Homeland Security 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.
(d) Electronic Verification of Vital Events.--
(1) Lead agency.--The Secretary of Homeland Security shall
lead the implementation of electronic verification of a
person's birth and death.
(2) Regulations.--In carrying out paragraph (1), 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 United
States to verify the contents of a paper birth certificate.
Pursuant to the regulations, an electronic response from the
participating vital records jurisdiction as to whether there is
a birth record in 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.
(e) Grants to States.--
(1) In general.--The Secretary of Homeland Security may
make grants to States to assist the States in conforming to the
minimum standards set forth in this section.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security for
each of the fiscal years 2006 through 2009 such sums as may be
necessary to carry out this section.
(f) Authority.--
(1) Participation with federal agencies and 25 states.--All
authority to issue regulations, certify standards, and issue
grants under this section shall be carried out by the Secretary
of Homeland Security, with the concurrence of the Secretary of
Health and Human Services and in consultation with State vital
statistics offices and appropriate Federal agencies.
(2) Extensions of deadlines.--The Secretary of Homeland
Security may grant to a State an extension of time to meet the
requirements of subsection (b)(1)(A) if the State provides
adequate justification for noncompliance.
(g) Repeal.--Section 7211 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) is repealed.
SEC. 219. MAXIMUM PERIOD OF VALIDITY FOR STATE LICENSES AND
IDENTIFICATION DOCUMENTS.
Section 202(d)(10) of the REAL ID Act of 2005 (division B of Public
Law 109-13) is amended by striking ``8 years'' and inserting ``5
years''.
SEC. 220. ESTABLISHMENT OF IMMIGRATION AND CUSTOMS FIELD OFFICE IN
TULSA, OKLAHOMA.
(a) Findings.--Congress finds the following:
(1) On July 17, 2002, 18 illegal immigrants, including 3
minors, were taken into custody by the Tulsa County Sheriff's
Department and later released by the former Immigration and
Naturalization Service.
(2) On August 13, 2002, an immigration task force meeting
convened in Tulsa, Oklahoma, with the goal of bringing together
local law enforcement and the Immigration and Naturalization
Service to open a dialogue to find effective ways to better
enforce Federal immigration laws in the first District of
Oklahoma.
(3) On January 22, 2003, 4 new agents were hired at the
Immigration and Naturalization Service office in Oklahoma City.
(4) On January 30, 2003, 6 new special agents were added to
the staff of the Immigration and Naturalization Service's
Oklahoma office.
(5) On September 22, 2004, U.S. Immigration and Customs
Enforcement authorized the release of 18 possible illegal
aliens that were in the custody of the City of Catoosa,
Oklahoma Policy Department. Catoosa Police stopped a stuck
carrying 18 persons, including children, in the early morning
hours. Only 2 of the detainees produced identification. One
adult was arrested on drug possession charges, while the
remaining individuals were released.
(6) There is 1 U.S. Immigration and Customs Enforcement
Office of Investigations in Oklahoma, which is located in
Oklahoma City and has 12 agents serving 3,500,000 people.
(7) Interstate Highways I-44 and U.S.-75 are major roads
through Tulsa, Oklahoma, and serve for the transportation of
illegal immigrants to all areas of the United States.
(8) The establishment of a U.S. Immigration and Customs
Enforcement Office of Investigations field office in Tulsa,
Oklahoma, will help enforce Federal immigration laws in eastern
Oklahoma.
(9) There are 7 Drug Enforcement Administration agents, and
an estimated 22 Federal Bureau of Investigation agents,
headquartered in Tulsa, Oklahoma, while no U.S. Immigration and
Customs Enforcement agents are located in Tulsa, Oklahoma.
(b) Establishment of Tulsa Field Office.--Not later than 180 days
after the date of enactment of this Act, the Secretary of Homeland
Security shall, subject to the availability of appropriated funds,
establish a U.S. Immigration and Customs Enforcement of Investigations
field office in Tulsa, Oklahoma.
Subtitle B--Reversing Unlawful Migration
SEC. 221. MANDATORY EMPLOYMENT AUTHORIZATION VERIFICATION.
(a) Renaming of Basic Pilot Program.--The basic pilot program
established under section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
8 U.S.C. 1324a note) is hereby renamed the ``Employment Authorization
Status Instant Check'' or ``EASI Check'' system.
(b) Permanent Operation of the Program.--The EASI Check system
shall continue in operation permanently and shall not terminate.
(c) Mandatory Use of EASI Check System.--
(1) In general.--Subject to paragraphs (2) and (3), every
person or other entity that hires one or more individuals for
employment in the United States shall verify through the EASI
Check system that each such individual is authorized to work in
the United States.
(2) Select entities required to use easi check system
immediately.--The following entities must satisfy the
requirement in paragraph (1) by not later than one year after
the date of the enactment of this Act:
(A) Federal agencies.--Each department and agency
of the Federal Government;
(B) Federal contractors.--A contractor that--
(i) has entered into a contract with the
Federal Government to which section 2(b)(1) of
the Service Contract Act of 1965 (41 U.S.C.
351(b)(1)) applies, and any subcontractor under
such contract; or
(ii) has entered into a contract exempted
from the application of such Act by section 6
of such Act (41 U.S.C. 356), and any
subcontractor under such contract.
(C) Larger employers in certain industries.--An
employer that employs more than 50 individuals in the
United States in any of the following industries, as
defined by the Secretary of Labor:
(i) Agriculture.
(ii) Meat packing.
(iii) Construction.
(iv) Leisure and hospitality.
(3) Phasing-in for other employers.--
(A) 2 years for employers of 20 or more.--Entities
that employ 20 or more individuals in the United States
in any industry must satisfy the requirement in
paragraph (1) by not later than two years after the
date of the enactment of this Act.
(B) 3 years for all employers.--All entities that
employ one or more individuals in the United States
must satisfy the requirement in paragraph (1) by not
later than three years after the date of the enactment
of this Act.
(4) Verifying employment authorization of current
employees.--Every person or other entity that employs one or
more persons in the United States shall verify through the EASI
Check system by no later than four years after enactment that
each employee is authorized to work in the United States.
(5) Defense.--An employer who establishes that the employer
complied in good faith with the requirements in paragraphs (1)
and (4) shall not be liable for hiring an unauthorized alien,
if--
(A) such hiring occurred due to an error in the
EASI Check system that was unknown to the employer at
the time of such hiring; and
(B) the employer terminates the employment of the
alien upon being informed of the error.
(6) Sanctions for noncompliance.--The failure of an
employer to comply with the requirements in paragraph (1) or
(4) shall--
(A) be treated as a violation of section
274A(a)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1324a(a)(1)(B)) with respect to each individual
whose employment authorization status was not verified;
and
(B) create a rebuttable presumption that the
employer has violated section 274A(a)(1)(A) of such
Act.
(7) Voluntary participation of employers not immediately
subject to requirement.--Nothing in this subsection shall be
construed as preventing a person or other entity that is not
immediately subject to the requirement of paragraph (1)
pursuant to paragraph (2) or (3) from voluntarily using the
EASI Check system to verify the employment authorization of new
hires, current employees, or both.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be required to carry out this section.
SEC. 222. EMPLOYER SANCTIONS.
(a) Increase in Penalty for Violations.--Subsection 274A(e)(4) of
the Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is amended--
(1) in subparagraph (A)(i), by striking ``not less than
$250 and not more than $2,000'' and inserting ``$5,000'';
(2) in subparagraph (A)(ii), by striking ``not less than
$2,000 and not more than $5,000'' and inserting ``$10,000'';
(3) in subparagraph (A)(iii), by striking ``not less than
$3,000 and not more than $10,000'' and inserting ``$25,000'';
and
(4) in subparagraph (B), by striking clause (i) and
redesignating clause (ii) as clause (i).
(b) Enforcement Through Limitation on H Nonimmigrant Petitions.--
Subsection 274A(e) of such Act (8 U.S.C. 1324a(e)) is further amended
by adding at the end the following:
``(10) Limitation on h nonimmigrant petitions.--Any person
or entity found in violation of subsection (a)(1)(A) or (a)(2)
shall be ineligible for a period of 5 years following the first
offense, and permanently following the second offense, to
petition for a nonimmigrant described in section
101(a)(15)(H).''.
(c) Increase in Criminal Penalty.--Section 274A(f)(1) of such Act
(8 U.S.C. 1324a(f)(1)) is amended to read as follows:
``(1) Criminal penalty.--Any person or entity which engages
in a pattern or practice of violations of subsection (a)(1)(A)
or (a)(2) shall be fined not more than $25,000 for each
unauthorized alien with respect to whom 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.''.
SEC. 223. LIMITED DURATION SOCIAL SECURITY ACCOUNT NUMBERS FOR
NONIMMIGRANTS.
(a) Temporary Social Security Cards for Nonimmigrants.--Section
205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is
amended by inserting after the first sentence the following: ``Social
security cards issued to aliens who are not lawful permanent residents,
but who are authorized to engage in employment in the United States,
shall bear on their face an expiration date that coincides with the
expiration of the alien's permission to be employed in the United
States. The social security account numbers on such cards shall not be
valid to prove work authorization, either through the EASI Check system
or otherwise, following their expiration.''.
(b) Timing of Issuance to Aliens.--Subclause (I) of section
205(c)(2)(B)(i) of the Social Security Act (42 U.S.C.
405(c)(2)(B)(i)(I)) is amended to read as follows:
``(I) to aliens at the time of their lawful admission to
the United States for or adjustment of status to--
``(aa) permanent residence; or
``(bb) temporary or other short-term residence in a
category that permits them to engage in employment in
the United States, except that these aliens shall be
issued the social security cards described in the
second sentence of subparagraph (G);''.
SEC. 224. MANDATORY NOTIFICATION OF SOCIAL SECURITY ACCOUNT NUMBER
MISMATCHES AND MULTIPLE USES.
(a) Notification of Mismatched Name and Social Security Account
Number.--The Commissioner of Social Security shall notify on an annual
basis each United States employer with one or more employees whose
social security account number does not match the employee's name or
date of birth in the Commissioner's records. Such notification shall
instruct employers to notify listed employees that they have 10
business days to correct the mismatch with the Social Security
Administration or the employer will be required to terminate their
employment. The notification also shall inform employers that they may
not terminate listed employees prior to the close of the 10-day period.
(b) Notification of Multiple Uses of Individual Social Security
Account Numbers.--Prior to crediting any individual with concurrent
earnings from more than one employer, the Commissioner of Social
Security shall notify the individual that earnings from two or more
employers are being reported under the individual's social security
account number. Such notice shall include, at a minimum, the name and
location of each employer and shall direct the individual to contact
the Social Security Administration to present proof that the individual
is the person to whom the social security account number was issued
and, if applicable, to present a pay stub or other documentation
showing that such individual is employed by both or all employers
reporting earnings to that social security account number.
SEC. 225. NO SOCIAL SECURITY CREDIT FOR WORK PERFORMED WHILE UNLAWFULLY
PRESENT.
Sections 214(c)(1) and 223(a)(1)(C)(i) of the Social Security Act
(42 U.S.C. 414(c)(1), 423(a)(1)(C)(i)), as added by section 211 of the
Social Security Protection Act of 2004 (Public Law 108-203), are each
amended by striking ``at the time of assignment, or at any later time''
and inserting ``at the time any such quarters of coverage are earned''.
SEC. 226. REDUCING INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER ABUSE.
(a) Modified IT IN Format and Lawful Presence Requirement.--
(1) In general.--Section 6109(c) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(c) Requirement of Information.--
``(1) In general.--For purposes of this section, the
Secretary is authorized to require such information as may be
necessary to assign an identifying number of any person.
``(2) Separate from social security account numbers.--Any
identifying number assigned by the Secretary shall be comprised
of a sequence of numerals and dashes that is visually
distinguishable from and will not be mistaken for a social
security account number.
``(3) Verification of status for aliens.--Prior to issuing
any identifying number, the Secretary shall verify with the
Department of Homeland Security that the applicant for such
number is lawfully present in the United States.''.
(2) Effective date.--Section 6109(c)(2) of the Internal
Revenue Code of 1986, as added by paragraph (1), shall take
effect no later than 30 days after the date of enactment of
this Act.
(b) Information Sharing.--
(1) In general.--Section 6103(i)(3) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(D) Possible violations of federal immigration
law.--The Secretary shall disclose in electronic format
to the Secretary of Homeland Security the taxpayer
identity (as defined in subsection (b)(6)) of each
taxpayer who has been assigned an individual taxpayer
identification number. The Secretary of Homeland
Security may disclose such information to officers and
employees of the Department to the extent necessary to
enforce Federal immigration laws.''
(2) Effective date.--The Secretary of the Treasury shall
disclose information under the amendment made by paragraph (1)
not later than 60 days after the date of the enactment of this
Act.
SEC. 227. LIMITED ELIGIBILITY FOR TAX CREDITS AND REFUNDS.
Notwithstanding any other provision of law, an individual who
submits to the Internal Revenue Service an income tax return that
relies on an individual taxpayer identification number in lieu of a
social security account number shall not be eligible for any tax credit
or refund, including the earned income tax credit under section 32 of
the Internal Revenue Code of 1986.
SEC. 228. PENALTY FOR FAILURE TO FILE CORRECT INFORMATION RETURNS.
(a) Most Egregious Noncompliant Employers.--Section 6721 of the
Internal Revenue Code is amended--
(1) by striking subsections (b), (c), and (d);
(2) by redesignating subsection (e) as subsection (b); and
(3) by adding at the end the following new subsection:
``(c) Penalty for Egregious Noncompliance Employers.--The Secretary
shall assess the maximum allowable penalties on each employer
designated in any taxable year by the Social Security Administration as
one of the most egregious non-compliant employers.''.
(b) Standard Compliance Program.--
(1) In general.--No later than 60 days after the date of
enactment of this Act, the Secretary of the Treasury, in
consultation with the Commissioner of Social Security and the
Secretary of Homeland Security, shall implement a regularly
scheduled program for proposing, assessing, and collecting
penalties from the filers of incorrect information returns
under the Internal Revenue Code of 1986.
(2) Report.--The Secretary of the Treasury shall report to
Congress no later than 180 days after the date of enactment of
this Act on the results of the program required in paragraph
(1). Such report shall include at least the following:
(A) The total number of filers who submitted
incorrect information returns.
(B) The number of incorrect information returns
submitted by such filers.
(C) The total amount of penalties proposed,
assessed and collected through the program.
(D) The number of waivers granted to filers of
incorrect information returns.
SEC. 229. ADJUSTMENT OF STATUS.
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 subsection (j) as subsection (b);
(3) in subsection (l)--
(A) in paragraph (1), by striking ``, in the
opinion of the Attorney General,'';
(B) in paragraph (1)(C)(ii), by striking ``, or''
and inserting ``, and'';
(C) in paragraph (4), by striking ``may waive'' and
all that follows and inserting ``may waiver the
application of paragraphs (1) and (4) of section
212(a)'';
(D) in paragraph (5), by inserting before the
period at the end the following: ``and the Secretary of
State shall reduce by one the number of visas
authorized to be issued under sections 201(e) and
203(c) for the fiscal year then current''; and
(E) by redesignating subsection (l) as subsection
(c);
(4) in subsection (m)--
(A) by amending paragraph (1)(B) to read as
follows:
``(B) the alien would suffer extreme hardship if
removed from the United States.'';
(B) in paragraph (4), by inserting before the
period at the end the following: ``and the Secretary of
State shall reduce by one the number of visas
authorized to be issued under sections 201(c) and
203(a)(4) for the fiscal year then current''; and
(C) by redesignating subsection (m) as subsection
(d);
(5) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(6) by inserting before subsection (b) (as so redesignated)
the following:
``(a) In General.--The Secretary of Homeland Security may not
adjust the status of any alien to that of an alien lawfully admitted
for permanent residence except as authorized by subsections (b), (c),
and (d) of this section and by section 209.''.
SEC. 230. 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 such Act (8 U.S.C. 1254a(c)) is amended--
(1) in paragraph (3)(B)--
(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 the
following: ``, except where a brief trip abroad is
required by emergency and is 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 such 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 (3).
SEC. 231. 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. 232. PENALTIES FOR VIOLATIONS OF FEDERAL IMMIGRATION LAWS BY
STATES AND LOCALITIES.
(a) Preferential Treatment of Aliens not Lawfully Present for
Higher Education Benefits.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Pub. Law 104-208) is
amended--
(1) in subsection (a), by inserting ``or graduation from a
high school in the United States'' after ``on the basis of
residence''; and
(2) by adding at the end the following:
``(c) Annual Report.--The Attorney General shall report annually to
Congress on which, if any, post-secondary educational institutions are
providing benefits in contravention of this section.
``(d) Limitation on Federal Financial Assistance.--No Federal
agency shall provide any grant, reimbursement, or other financial
assistance to any post-secondary educational institution determined
under subsection (c) to be providing benefits in contravention of this
section. Any funds withheld under this subsection shall be reallocated
among qualifying educational institutions that are in compliance with
subsection (a).''.
(b) Non-Cooperation by States and Localities.--Section 241(i) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by
adding at the end the following:
``(7) Prior to entering into a contractual arrangement with
a State or political subdivision under paragraph (1), the
Attorney General shall determine whether such State or
political subdivision has in place any formal or informal
policy that violates section 642 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1373). The Attorney General shall not enter into a contractual
arrangement with, or allocate any of the funds made available
under this section to, any State or political subdivision with
a policy that violates such section.''.
SEC. 233. CLARIFICATION OF INHERENT AUTHORITY OF STATE AND LOCAL LAW
ENFORCEMENT.
Notwithstanding any other provision of law and reaffirming the
existing inherent authority of States, law enforcement personnel of a
State or a political subdivision of a State have the inherent authority
of a sovereign entity to apprehend, arrest, detain, or transfer to
Federal custody aliens in the United States (including the
transportation of such aliens across State lines to detention centers),
in the enforcement of the immigration laws of the United States. This
State authority has never been displaced or preempted by Congress.
SEC. 234. USICE RESPONSE TO REQUESTS FOR ASSISTANCE FROM STATE AND
LOCAL LAW ENFORCEMENT.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by inserting after section 240C the
following new section:
``custody of illegal aliens
``Sec. 240D. (a) If the chief executive officer of a State (or, if
appropriate, a political subdivision of the State) exercising authority
with respect to the apprehension of an illegal alien submits a request
to the Secretary of Homeland Security that the alien be taken into
Federal custody, the Secretary of Homeland Security--
``(1) shall--
``(A) not later than 48 hours after the conclusion
of the State charging process or dismissal process, or
if no State charging or dismissal process is required,
not later than 48 hours after the illegal alien is
apprehended, take the illegal alien into the custody of
the Federal Government and incarcerate the alien; or
``(B) request that the relevant State or local law
enforcement agency temporarily incarcerate or transport
the illegal alien for transfer to Federal custody; and
``(2) shall designate a Federal, State, or local prison or
jail or a private contracted prison or detention facility
within each State as the central facility for that State to
transfer custody of the criminal or illegal aliens to the
Department of Homeland Security.
``(b) The Department of Homeland Security shall reimburse States
and localities for all reasonable expenses, as determined by the
Secretary of Homeland Security, incurred by a State or locality in the
incarceration and transportation of an illegal alien as described in
subparagraphs (A) and (B) of subsection (a)(1). Compensation provided
for costs incurred under such subparagraphs shall be the average cost
of incarceration of a prisoner in the relevant State, as determined by
the chief executive officer of a State (or, as appropriate, a political
subdivision of the State) plus the cost of transporting the criminal or
illegal alien from the point of apprehension, to the place of
detention, and to the custody transfer point if the place of detention
and place of custody are different.
``(c) The Secretary of Homeland Security shall ensure that illegal
aliens incarcerated in Federal facilities pursuant to this section are
held in facilities which provide an appropriate level of security.
``(d)(1) In carrying out this section, the Secretary of Homeland
Security may establish a regular circuit and schedule for the prompt
transfer of apprehended illegal aliens from the custody of States and
political subdivisions of States to Federal custody.
``(2) The Secretary of Homeland Security may enter into contracts
with appropriate State and local law enforcement and detention
officials to implement this section.
``(e) For purposes of this section, the term `illegal alien' means
an alien who--
``(1) entered the United States without inspection or at
any time or place other than that designated by the Secretary
of Homeland Security;
``(2) was admitted as a nonimmigrant and who, at the time
the alien was taken into custody by the State or a political
subdivision of the State, had failed to--
``(A) maintain the nonimmigrant status in which the
alien was admitted or to which it was changed under
section 248; or
``(B) comply with the conditions of any such
status;
``(3) was admitted as an immigrant and has subsequently
failed to comply with the requirements of that status; or
``(4) failed to depart the United States under a voluntary
departure agreement or under a final order of removal.''.
(b) Authorization of Appropriations for the Detention and
Transportation to Federal Custody of Aliens not Lawfully Present.--
There is authorized to be appropriated $500,000,000 for the detention
and removal of aliens not lawfully present in the United States under
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for fiscal
year 2006 and each subsequent fiscal year.
SEC. 235. BASIC IMMIGRATION ENFORCEMENT TRAINING FOR STATE, LOCAL, AND
TRIBAL LAW ENFORCEMENT OFFICERS.
(a) Demonstration Project.--
(1) In general.--Cameron University, located in Lawton,
Oklahoma, shall establish and implement a demonstration project
(in this section referred to as the ``demonstration project'')
to assess the feasibility of establishing a nationwide e-
learning training course, covering basic immigration law
enforcement issues, to be used by State, local, and tribal law
enforcement officers in order to improve and enhance their
ability, during their routine course of duties, to assist
Federal immigration officers in the enforcement of Federal
immigration laws.
(2) Project director responsibilities.-- The Project
Director charged with establishing and implementing the
demonstration project shall do the following:
(A) The Project Director shall develop an on-line,
e-learning website to provide State, local, and tribal
law enforcement officers access to the e-learning
training course. Such website shall--
(i) have the capability to enroll officers
in the e-learning training course, record
officers' performance on the course, and track
officers' proficiency in learning the course's
concepts;
(ii) ensure a high level of security; and
(iii) encrypt personal and sensitive
information.
(B) The Project Director shall develop an e-
learning training course, which entails no more than
four hours of training, is accessible through the on-
line, e-learning website under subparagraph (A), and
covers both the basic principles and practices of
immigration law and the policies that relate to the
enforcement of immigration laws. The e-learning
training course shall--
(i) include, but not be limited to,
instruction about employment-based and family-
based immigration, the various types of
nonimmigrant visas, the differences between
immigrant and nonimmigrant status, the
differences between lawful and unlawful
presence, the criminal and civil consequences
of unlawful presence, the various grounds for
removal, the types of false identification that
illegal and criminal aliens commonly use, the
common methods of alien smuggling and groups
that commonly participate in alien smuggling
rings, the inherent legal authority of local
law enforcement officers to enforce federal
immigration laws, and detention and removal
procedures, including expeditious removal; and
(ii) incorporate content similar to that
covered in the four-hour training course the
Immigration and Naturalization Service provided
to all Alabama State Troopers in 2003 (in
addition to, and separate from, the training
given pursuant to the State's section 287(g)
agreement).
(C) The Project Director shall assess the
feasibility of expanding to State, local, and tribal
law enforcement agencies throughout the nation the on-
line, e-learning website, including the e-learning
training course, by using on-line technology.
(b) Period of Project.--The Project Director shall carry out the
demonstration project for a one-year period beginning 90 days after the
date of the enactment of this Act.
(c) Location of Project.--
(1) States covered.--The Project Director shall carry out
the demonstration project by enrolling in the e-learning
training course State, local, and tribal law enforcement
officers from Alabama, Colorado, Florida, Oklahoma, and Texas,
and from at least one, but not more than three, other
additional States.
(2) Number of officers.--A total of 100,000 officers shall
have access to, enroll in, and complete the e-learning training
course provided under the demonstration project.
(3) Apportionment.--The number of officers who are selected
to participate in the demonstration project shall be
apportioned according to the State populations of the
participating States.
(4) Selection.--Participation in the demonstration project
shall--
(A) be equally apportioned between State, county,
and municipal law enforcement agency officers;
(B) include, when practicable, a significant subset
of tribal law enforcement officers; and
(C) include officers from urban, rural, and highly
rural areas.
(5) Limitation on participation.--Officers shall be
ineligible to participate in the demonstration project if they
are employed by a State, local, or tribal law enforcement
agency that has in effect a statute, policy, or practice that
prohibits its law enforcement officers from cooperating with
Federal immigration enforcement agents (or if the State, local,
or tribal law enforcement agency is otherwise in contravention
of section 642(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).
(d) Demonstration Project Requirements.--(1) The e-learning
training course provided under the demonstration project shall be
accessible through the secure, encrypted on-line, e-learning website,
within 90 days of the date of the enactment of this Act, and
recruitment of participants shall begin immediately, and occur
concurrently, with the e-learning training course's establishment and
implementation.
(2) The law enforcement officers selected to participate in the e-
learning training course provided under the demonstration project shall
undergo standard vetting procedures, pursuant to the Federal Law
Enforcement Training Center Distributed Learning Program, to ensure
that each individual is a bona fide law enforcement officer.
(3) The law enforcement officers selected to participate in the e-
learning training course provided under the demonstration project shall
be granted continuous access, throughout the demonstration project's
one-year period, to on-line course material and to other training and
reference resources accessible through the on-line, e-learning website.
(e) Report.--
(1) In general.--Not later than the end of the one-year
period described in subsection (b), the Project Director shall
transmit to the Committees on the Judiciary and on Homeland
Security of the Senate and the House of Representatives a
report about the e-learning training course completed by State,
local, and tribal law enforcement officers through the
demonstration project.
(2) Matters to be included.--The report under paragraph (1)
shall include the following:
(A) An estimate of the cost savings realized by
offering training through the e-learning training
course as opposed to offering similar training through
the residential classroom method.
(B) An estimate of the difference between the
100,000 law enforcement officers who received training
through the e-learning training course and the number
of law enforcement officers who could have received
training through the residential classroom method in
the same one-year period.
(C) The effectiveness of the e-learning training
course with respect to student-officer performance.
(D) The convenience accorded to student-officers
with respect to their ability to access the e-learning
training course at their own convenience and to return
to the on-line, e-learning website for refresher
training and reference.
(E) The ability of the on-line, e-learning website
to safeguard the student officers' private and personal
information while providing supervisors with
appropriate information about student performance and
course completion.
(f) Expansion of Program.--
(1) In general.--Following the completion of the
demonstration project, the Department of Homeland Security
shall continue to make available the on-line, e-learning
website and the e-learning training course, enroll in the e-
learning training course 100,000 new State, local, and tribal
law enforcement officers annually, and consult with Congress
regarding the addition, substitution, or removal of
participating States.
(2) Limitation on participation.--Officers shall be
ineligible to participate in the expansion of this program if
they are employed by a State, local, or tribal law enforcement
agency that has in effect a statute, policy, or practice that
prohibits its law enforcement officers from cooperating with
Federal immigration enforcement agents (or if the State, local,
or tribal law enforcement agency is otherwise in contravention
of section 642(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).
(g) Authorization of Appropriations.--There are authorized to be
appropriated $3,000,000 in fiscal year 2006 to carry out this section.
Funds appropriated under this subsection shall remain available until
expended. There are authorized to be appropriated in each subsequent
fiscal year such sums as are necessary to continue to operate, promote,
and recruit participants for the demonstration project and expansion
program under this section.
TITLE III--REVISION OF FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH CARE
SERVICES FURNISHED TO ILLEGAL ALIENS
SEC. 301. REVISION OF FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH CARE
SERVICES FURNISHED TO ILLEGAL ALIENS.
(a) Elimination of Funding Limitations; Extension of Appropriations
Through Fiscal Year 2011.--Subsection (a) of section 1011 of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173) is amended--
(1) by striking ``for each of fiscal years 2005 through
2008'' and inserting ``for fiscal year 2005''; and
(2) by adding at the end the following: ``Out of any funds
in the Treasury not otherwise appropriated, there are
appropriated to the Secretary for each of fiscal years 2006
through 2011 such sums as may be necessary for the purpose of
payments to eligible providers.''.
(b) Elimination of State Allotments.--Such section is further
amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(3) Limitation to fiscal year 2005.--The preceding
provisions of this subsection shall only apply to fiscal year
2005.'';
(2) by amending subsection (c)(1) to read as follows:
``(1) Authority to make payments.--The Secretary shall pay
directly to eligible providers located in a State for the
provision of eligible services to aliens described in paragraph
(5) the amount described in paragraph (2) to the extent that
the eligible provider was not otherwise reimbursed (through
insurance or otherwise) for such services.'';
(3) in subsection (c)(2)(B), by striking ``If the amount''
and inserting ``For fiscal year 2005, if the amount''; and
(4) in subsection (c)(4), by striking ``in a State from
allotments made under subsection (b) for a fiscal year''.
(c) Requirement for Provision of Information for Hospital
Qualifications for Funding.--Subsection (c) of such section is amended
by adding at the end the following new paragraph:
``(6) Requirement for payment.--Beginning with
fiscal year 2006, payment shall not be made under this
section to an eligible provider with respect to
services furnished to an alien described in paragraph
(5) unless the provider obtains the citizenship
information about the alien, and transmits such
information and all other non-clinical information
concerning the alien to Immigration and Customs
Enforcement, not later than 72 hours after the time of
discharge of the alien from the provider.''.
(d) Elimination of Coverage of Mexicans With Border Crossing
Cards.--Subsection (c)(5) of such section is amended by striking
subparagraph (C).
(e) Effective Date.--The amendments made by this section shall
apply beginning with fiscal year 2006.
<all>
Sponsor introductory remarks on measure. (CR H404)
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Ways and Means, International Relations, Energy and Commerce, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Ways and Means, International Relations, Energy and Commerce, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Ways and Means, International Relations, Energy and Commerce, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Ways and Means, International Relations, Energy and Commerce, 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.
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Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Ways and Means, International Relations, Energy and Commerce, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Ways and Means, International Relations, Energy and Commerce, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Ways and Means, International Relations, Energy and Commerce, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Ways and Means, International Relations, Energy and Commerce, 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.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Employer-Employee Relations.
Referred to the Subcommittee on Immigration, Border Security, and Claims.