I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Rewarding Employers that Abide by the Law and Guar6 anteeing Uniform Enforcement to Stop Terrorism Act of 

7 2005’’ or the ‘‘REAL GUEST Act of 2005’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 
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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.

1 TITLE I—REWARDING EMPLOY2 ERS THAT ABIDE BY THE LAW 

3 Subtitle A—Access; Opportunity 

4 SEC. 101. H NONIMMIGRANT WORKER CATEGORY. 

5 (a) IN GENERAL.—Section 101(a)(15)(H) of the Im6 migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 

7 is amended to read as follows: 

8 ‘‘(H) an alien having a residence in a foreign 

9 country which the alien has no intention of aban10 doning who is coming temporarily to the United 

11 States to perform work for which qualified and law12 fully present workers are not available and could not 

13 be trained in a period of less than one year, and 

14 with respect to whom the Secretary of Labor deter-
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1 mines and certifies to the Secretary of Homeland 

2 Security that the intending employer has filed with 

3 the Secretary an application under section 

4 212(n)(1);’’. 

5 (b) ADMISSION OF NONIMMIGRANTS.—Section 

6 214(g) of the Immigration and Nationality Act (8 U.S.C. 

7 1184(g)) is amended to read as follows: 

8 ‘‘(g) ADMISSION OF H NONIMMIGRANTS.—

9 ‘‘(1) In the case of a nonimmigrant described in 

10 section 101(a)(15)(H)—

11 ‘‘(A) the period of authorized admission 

12 may not exceed 365 days during any 2-year pe13 riod and may be renewed only upon expiration 

14 of each 2-year period; 

15 ‘‘(B) adjustment of status and change of 

16 status to any other immigrant or nonimmigrant 

17 classification or status are prohibited; and 

18 ‘‘(C) spouses and children may not accom19 pany or follow to join the principal aliens.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect 180 days after the date on 

22 which the last of the certifications required under section 

23 111 is made. 
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1 SEC. 102. INTERNET-BASED JOB POSTING SYSTEM. 

2 (a) IN GENERAL.—The Secretary of Labor shall take 

3 any steps necessary to ensure that all State employment 

4 agencies and all employers in the United States are able 

5 to acquire secure, password-protected access to the Inter6 net-based job database provided jointly by the Department 

7 of Labor and State employment security agencies and 

8 known as ‘‘America’s Job Bank’’ in order to permit the 

9 posting of job openings throughout the United States. 

10 (b) USE OF DATA.—The Secretary of Labor may use 

11 posted job announcements and resumes submitted through 

12 the job posting system to determine whether employers 

13 who petition for nonimmigrants described in section 

14 101(a)(15)(H) of the Immigration and Nationality Act (as 

15 amended by section 101 of this Act) are complying with 

16 the law. 

17 (c) REPORTS; CESSATION OF LABOR CERTIFI18 CATIONS.—

19 (1) REPORTS.—The Secretary of Labor shall 

20 publish quarterly reports, utilizing the data included 

21 in the job posting system, indicating unemployment 

22 and real wage trends by occupational category and 

23 geographic region. The Secretary shall make such 

24 reports available to the public on a timely basis. 

25 (2) CESSATION.—If compensation, including 

26 real wages, benefits, and working conditions, in a 
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1 particular occupational category in a geographic re2 gion has been stagnant or in decline for the 6-month 

3 period immediately preceding the filing of a petition 

4 for an H nonimmigrant worker, the Secretary shall 

5 not approve the petition until—

6 (A) compensation in that occupational cat7 egory and geographic region has increased each 

8 month for at least 6 months by an amount to 

9 be determined by the Secretary; and 

10 (B) the Secretary has reassessed the pre11 vailing wage for that occupational category and 

12 geographic region to ensure that it reflects the 

13 rising real wage levels. 

14 SEC. 103. REQUIREMENTS FOR PROSPECTIVE EMPLOYERS 

15 OF H NONIMMIGRANTS. 

16 (a) IN GENERAL.—An employer seeking to hire a 

17 nonimmigrant described in section 101(a)(15)(H) of the 

18 Immigration and Nationality Act (as amended by section 

19 101 of this Act) shall post an announcement of the job 

20 for which the nonimmigrant is sought on America’s Job 

21 Bank. 

22 (b) FEE.—Employers shall be required to pay a user 

23 fee of $10 per worker sought through America’s Job 

24 Bank. Such fees shall be placed by the Secretary of Labor 

25 in a fund to be used to maintain and improve America’s 
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1 Job Bank. Any amounts from such fund not used for sys2 tem maintenance shall be used to investigate abuses of the 

3 H nonimmigrant program. 

4 (c) ANNOUNCEMENT CONTENTS.—Each job an5 nouncement posted pursuant to this section shall list, at 

6 a minimum, the following: 

7 (1) The name, contact information, and de8 scription of the employer. 

9 (2) A description of the job and the minimum 

10 skills necessary to perform it. 

11 (3) A description of any additional knowledge, 

12 skills, or abilities that are preferred by the employer. 

13 (4) The wage rate or salary being offered for 

14 the job, which shall be at least equal to the median 

15 national wage rate for the occupation, as determined 

16 by the Occupational Employment Statistics survey of 

17 the Bureau of Labor Statistics, or the prevailing 

18 wage, whichever is greater. 

19 (5) The benefits package being offered for the 

20 job. 

21 (d) MINIMUM POSTING PERIOD.—Each announce22 ment shall be posted for a minimum period of 14 days, 

23 including the 7 days that end one week before the job be24 gins, before an employer may seek authorization to hire 

25 an H nonimmigrant. 
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1 (e) REQUIRED ESCROW OF RETURN TRANSPOR2 TATION COSTS.—An employer of an H nonimmigrant 

3 shall place into an escrow account at the time of hiring 

4 sufficient funds to transport the nonimmigrant back to the 

5 home country when the job ends or when the period of 

6 authorized admission expires. 

7 (f) AMENDMENTS TO IMMIGRATION AND NATION8 ALITY ACT.—Section 212(n) of the Immigration and Na9 tionality Act (8 U.S.C. 1182(n)) is amended—

10 (1) by striking ‘‘H–1B nonimmigrants’’ each 

11 place it appears and inserting ‘‘H nonimmigrants’’; 

12 (2) in paragraph (1)—

13 (A) by amending clause (i) of subpara14 graph (A) to read as follows: 

15 ‘‘(i) is offering and will offer during 

16 the period of authorized employment to 

17 aliens admitted or provided status as H 

18 nonimmigrants real wages equal to the me19 dian national wage rate for the occupation, 

20 as determined by the Occupational Em21 ployment Statistics survey of the Bureau 

22 of Labor Statistics, or the prevailing wage, 

23 whichever is greater.’’; 

24 (B) by striking subparagraph (E) and in25 serting the following: 
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1 ‘‘(E) The employer has not laid off or dis2 missed (except for cause) any United States 

3 worker performing the announced job or an 

4 equivalent job in the 6 months immediately pre5 ceding the date of application and that the em6 ployer will not lay off or dismiss (except for 

7 cause) any such worker while employing the H 

8 nonimmigrant worker. If the employer, due to 

9 unforeseen financial or economic circumstances, 

10 must lay off a United States worker, the em11 ployer shall terminate any H nonimmigrants 

12 performing equivalent jobs prior to laying off 

13 any United States workers.’’; 

14 (C) in subparagraph (F)—

15 (i) by striking ‘‘In the case of’’ and all 

16 that follows through ‘‘, the’’ and inserting 

17 ‘‘The’’; and 

18 (ii) by striking ‘‘regardless of wheth19 er’’ and all that follows through ‘‘em20 ployer)’’; and 

21 (D) by amending subparagraph (G) to 

22 read as follows: 

23 ‘‘(G) The employer, prior to filing the ap24 plication—
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1 ‘‘(i) has complied with the job-posting 

2 requirements described in subsections (b), 

3 (c), and (d) to recruit United States work4 ers for the job for which the nonimmigrant 

5 is or nonimmigrants are sought; and 

6 ‘‘(ii) has offered the job to any United 

7 States worker who applies and is equally 

8 or better qualified for such job.’’; 

9 (3) in paragraph (2)(C)—

10 (A) in subclause (i)(I), by striking 

11 ‘‘$1,000’’ and inserting ‘‘$2,000’’; 

12 (B) in subclause (ii)(I), by striking 

13 ‘‘$5,000’’ and inserting ‘‘$10,000’’; 

14 (C) in subclause (iii)(I), by striking 

15 ‘‘$35,000’’ and inserting ‘‘$70,000’’; and 

16 (D) in subclause (vi)(III), by striking 

17 ‘‘$1,000’’ and inserting ‘‘$2,000’’; 

18 (4) in clause (i) of paragraph (5)(E), by strik19 ing ‘‘$1,000 per violation or $5,000’’ and inserting 

20 ‘‘$2,000 per violation or $10,000’’; 

21 (5) in paragraph (2)(E), by striking ‘‘a non22 exempt’’ and inserting ‘‘an’’; and 

23 (6) by striking paragraph (3) and redesignating 

24 paragraphs (4) and (5) as paragraphs (3) and (4), 

25 respectively. 
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1 (g) EFFECTIVE DATE.—This section (and the 

2 amendments made by this section) shall take effect 180 

3 days after the date on which the last of the certifications 

4 required under section 111 is made. 

5 SEC. 104. REQUIREMENTS FOR ALIENS SEEKING H NON6 IMMIGRANT STATUS. 

7 (a) IN GENERAL.—Section 214(g) of the Immigra8 tion and Nationality Act (8 U.S.C. 1184(g)), as amended 

9 by section 101(b), is further amended by adding at the 

10 end the following: 

11 ‘‘(2) Aliens seeking status under section 

12 101(a)(15)(H) shall—

13 ‘‘(A) be physically present in the country 

14 of the alien’s residence and apply at a United 

15 States embassy, consular office, or other des16 ignated State Department post; 

17 ‘‘(B) pay a visa processing fee in an 

18 amount determined under section 281; 

19 ‘‘(C) file an application that includes edu20 cational attainment, job skills, and prior em21 ployment history, along with supporting docu22 mentation and references; 

23 ‘‘(D) sign a legally enforceable affidavit at24 testing that they—
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1 ‘‘(i) understand that they will not be 

2 permitted to change or adjust to any other 

3 immigrant or nonimmigrant classification 

4 or status while present in the United 

5 States; 

6 ‘‘(ii) acknowledge that a child born to 

7 them during their stay in the United 

8 States will not be granted U.S. citizenship 

9 unless the other parent is a U.S. citizen or 

10 lawful permanent resident; 

11 ‘‘(iii) waive eligibility for any Federal, 

12 State, or local non-emergency public assist13 ance for which they might otherwise be eli14 gible during their tenure as an H non15 immigrant; and 

16 ‘‘(iv) understand the penalties for fail17 ing to abide by the terms of their admis18 sion as an H nonimmigrant; 

19 ‘‘(E) apply to be added to the database of 

20 prescreened, available workers described in 

21 paragraph (7), rather than applying for a par22 ticular, available job; 

23 ‘‘(F) remain in the foreign country of resi24 dence until such time as an employer receives 

25 authorization to hire an H nonimmigrant and 
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1 chooses that alien from the database to fill the 

2 particular job opening; and 

3 ‘‘(G) submit to fingerprinting and 

4 photographing so that the data may be added 

5 to the Chimera system, required by the En6 hanced Border Security and Visa Entry Reform 

7 Act of 2002 (Public Law 107–173), and under8 go criminal background and health checks to 

9 ensure admissibility under section 212(a). 

10 ‘‘(3) The Secretary of State shall take reason11 able steps to verify that the education and work his12 tory provided by aliens seeking H nonimmigrant sta13 tus are accurate prior to adding such aliens to the 

14 database described in paragraph (7). 

15 ‘‘(4) Notwithstanding any prior criminal or ter16 rorist background checks performed, nonimmigrants 

17 described in section 101(a)(15)(H) who are selected 

18 by employers from the database shall be checked 

19 against criminal and terrorist databases no more 

20 than one week prior to admission to the United 

21 States. Aliens who apply for renewal of non22 immigrant status under section 101(a)(15)(H) shall 

23 undergo new criminal background and health checks 

24 before renewal may be granted. 
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1 ‘‘(5)(A) Any alien who has been listed in the 

2 database described in paragraph (7) for a contin3 uous period of 24 months without being selected by 

4 an employer shall be removed from the database un5 less such alien submits an updated application to be 

6 listed. The Secretary of State shall extend such 

7 alien’s listing for another 24 months, without addi8 tional cost to the alien, if the updated application is 

9 timely, complete, and accurate. 

10 ‘‘(B) Any alien in the database who is selected 

11 by an employer shall be removed from the database 

12 upon admission to the United States to perform the 

13 work. Such alien may submit an updated application 

14 to be relisted at the end of his or her authorized 

15 stay in the United States if the application is timely, 

16 complete, and accurate, and if the alien satisfied all 

17 the terms of the H nonimmigrant visa. 

18 ‘‘(6) An alien who violates a term or condition 

19 of the alien’s admission as an H nonimmigrant, in20 cluding failure to leave the United States upon the 

21 expiration of the period of authorized admission, 

22 shall be barred from receiving any immigrant or 

23 nonimmigrant visa for a period of 10 years.’’. 

24 (b) SPECIAL RULE ON CITIZENSHIP AT BIRTH FOR

25 CHILDREN OF H NONIMMIGRANTS.—Notwithstanding 
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1 Title III of the Immigration and Nationality Act (8 U.S.C. 

2 1401 et seq.), or any other law, a child born in the United 

3 States to a parent who is a nonimmigrant described in 

4 section 101(a)(15)(H) of the Immigration and Nationality 

5 Act (as amended by section 101 of this Act) shall not be 

6 a national or citizen of the United States at birth unless 

7 the other parent is a citizen or lawful permanent resident 

8 of the United States. 

9 SEC. 105. DATABASE OF APPROVED PROSPECTIVE H NON10 IMMIGRANTS. 

11 Section 214(g) of the Immigration and Nationality 

12 Act (8 U.S.C. 1184(g)), as amended by sections 101(b) 

13 and 104(a), is further amended by adding at the end the 

14 following: 

15 ‘‘(7)(A) The Secretary of Labor shall establish 

16 and maintain a database of all aliens approved for 

17 status under section 101(a)(15)(H). Such database 

18 shall include all information regarding each alien’s 

19 job skills, education, and employment history. 

20 ‘‘(B) Once the Secretary approves an employ21 er’s petition under section 212(n)(1), the Secretary 

22 shall make available to the employer a list of the 

23 prescreened, available aliens who may be able to fill 

24 the open job position, as described in the announce-
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1 ment posted by the employer on America’s Job 

2 Bank. 

3 ‘‘(i) The Secretary shall not provide the 

4 employer with access to contact information, 

5 other than the alien’s name, about any alien 

6 listed in the database. 

7 ‘‘(ii) The Secretary shall ensure that no 

8 employer is able to access any information in 

9 the database until after such employer’s labor 

10 condition application is approved. 

11 ‘‘(C) Once an employer selects one or more 

12 workers in the database, the Secretary shall provide 

13 the employer with contact information for the work14 er so the employer can make an offer of employ15 ment. If the alien accepts the offer, the Secretary 

16 shall issue the alien an H nonimmigrant visa within 

17 3 days of such acceptance.’’. 

18 SEC. 106. EFFECTIVE DATE. 

19 Except as otherwise provided, the provisions in this 

20 subtitle (and the amendments made by this subtitle) shall 

21 take effect on the date on which the last of the certifi22 cations required by section 111 is made. 
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1 Subtitle B—Requiring Lawful 

2 Migration 

3 SEC. 111. CERTIFICATIONS. 

4 (a) SECRETARY OF HOMELAND SECURITY.—Prior to 

5 the implementation of the program described in subtitle 

6 A, the Secretary of Homeland Security, in consultation 

7 with the Attorney General and the Secretary of State, 

8 shall certify to the Congress the following: 

9 (1) The automated entry-exit control system re10 quired under section 110 of the Illegal Immigration 

11 Reform and Immigrant Responsibility Act of 1996 

12 (8 U.S.C. 1221 note), as amended, is fully imple13 mented and functional, all ports of entry have func14 tional biometric machine readers, and the entry into 

15 and departure from the United States of all nonciti16 zens is recorded. 

17 (2) All noncitizens already in the United States 

18 legally and all aliens authorized to enter the United 

19 States have been issued biometric, machine-readable 

20 travel and entry documents, as required by section 

21 303 of the Enhanced Border Security and Visa 

22 Entry Reform Act of 2002 (8 U.S.C. 1732). 

23 (3) Neither immigrant nor nonimmigrant visas 

24 are being issued to nationals of foreign states that 
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1 refuse to permit the return of their nationals who 

2 are ordered removed from the United States. 

3 (4) The EASI Check system described in sec4 tion 221 of this Act is fully implemented and func5 tional and DHS has an enforcement plan in place 

6 that targets U.S. employers based on information 

7 from DHS, SSA, and IRS regarding the EASI–

8 Check system, mismatched SSNs, and incorrectly 

9 filed information returns. 

10 (5) All of the additional Border Patrol agents 

11 authorized under the Intelligence Reform and Ter12 rorism Prevention Act of 2004 (Public Law 108–

13 458) have been hired, trained, and deployed and, if 

14 necessary, a sufficient number of United States mili15 tary personnel has been deployed to support the 

16 Border Patrol so illegal entry has been reduced to 

17 the point that it is estimated at a lower level than 

18 annual removals. 

19 (6) The Chimera system required under section 

20 202(a)(2) of the Enhanced Border Security and Visa 

21 Entry Reform Act of 2002 (8 U.S.C, 1722(a)(2)) is 

22 fully implemented and functional and includes dig23 ital fingerprints and photographs of all aliens grant24 ed admission to the United States and all aliens or-
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1 dered removed or granted voluntary departure from 

2 the United States. 

3 (7) All DHS databases containing information 

4 on noncitizens and the National Crime Information 

5 Center database are interoperable. 

6 (8) The absconder rate for aliens ordered re7 moved from the United States is less than five per8 cent for the previous 12-month period. 

9 (9) Section 287(g) of the Immigration and Na10 tionality Act (8 U.S.C. 1357(g)) and sections 209, 

11 232, and 233 of this Act have been fully imple12 mented and United States Immigration and Cus13 toms Enforcement employees respond to every re14 quest for assistance from State and local law en15 forcement authorities, either by taking custody of il16 legal aliens located by those authorities or by reim17 bursing those authorities for the costs of detaining 

18 and transporting such aliens. 

19 (10) At least 80 percent of visa overstays are 

20 located and removed within one year of overstaying. 

21 (b) IMPACT STUDY.—Prior to the implementation of 

22 the program described in subtitle A: 

23 (1) STUDY.—The Director of the Bureau of the 

24 Census, jointly with the Secretaries of Agriculture, 

25 Education, Energy, Health and Human Services, 
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1 Homeland Security, Housing and Urban Develop2 ment, Interior, Justice, Labor, Transportation, and 

3 Treasury and the Administrator of the Environ4 mental Protection Agency shall undertake a study 

5 examining the impacts on U.S. infrastructure and 

6 quality of life of—

7 (A) current annual levels of immigrant and 

8 nonimmigrant admissions; 

9 (B) illegal immigration; and 

10 (C) implementation of the program estab11 lished in subtitle A. 

12 (2) REPORT.—The Director of the Bureau of 

13 the Census shall submit to Congress a report on the 

14 findings of the study required in paragraph (1) of 

15 this subsection, including the following information: 

16 (A) An estimate of the total legal and ille17 gal alien populations of the United States, as 

18 they relate to the total population. 

19 (B) The projected impact of legal and ille20 gal immigration on the size of the population of 

21 the United States over the next 50 years; the 

22 regions of the country that are likely to experi23 ence the largest increases; and the small towns 

24 and rural counties that are likely to lose their 

25 character as a result of such growth. 
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1 (C) The impact of the current and pro2 jected foreign-born populations on the natural 

3 environment, including the consumption of non4 renewable resources, waste production, and dis5 posal, the emission of pollutants, and the loss 

6 of habitat and productive farmland; an estimate 

7 of the public expenditures required to maintain 

8 current standards in each of these areas; and 

9 the degree to which current standards will dete10 riorate if such expenditures are not forth11 coming. 

12 (D) The impact of the current and pro13 jected foreign-born populations on employment 

14 and wage rates, particularly in industries in 

15 which the foreign born are concentrated; and an 

16 estimate of the associated public costs. 

17 (E) The impact of the current and pro18 jected foreign-born populations on the need for 

19 additions and improvements to the transpor20 tation infrastructure of the United States; an 

21 estimate of the public expenditures required to 

22 meet this need; and the impact on Americans’ 

23 mobility if such expenditures are not forth24 coming. 
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1 (F) The impact of the current and pro2 jected foreign-born populations on enrollment, 

3 class size, teacher-student ratios, and the qual4 ity of education in public schools; an estimate 

5 of the public expenditures required to maintain 

6 current median standards; and the degree to 

7 which those standards will deteriorate if such 

8 expenditures are not forthcoming. 

9 (G) The impact of the current and pro10 jected foreign-born populations on homeowner11 ship rates, housing prices, and the demand for 

12 low-income and subsidized housing; the public 

13 expenditures required to maintain current me14 dian standards in these areas; and the degree 

15 to which those standards will deteriorate if such 

16 expenditures are not forthcoming. 

17 (H) The impact of the current and pro18 jected foreign-born populations on access to 

19 quality health care and on the cost of health 

20 care and health insurance; an estimate of the 

21 public expenditures required to maintain cur22 rent median standards; and the degree to which 

23 those standards will deteriorate if such expendi24 tures are not forthcoming. 
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1 (I) The impact of the current and pro2 jected foreign-born populations on the criminal 

3 justice system in the United States; and an es4 timate of the associated public costs. 

5 TITLE II—GUARANTEEING UNI6 FORM ENFORCEMENT TO 

7 STOP TERRORISM 

8 Subtitle A—No Access; No 

9 Opportunity 

10 SEC. 201. SENSE OF CONGRESS THAT THE MILITARY, WHEN 

11 FEASIBLE, SHOULD CONDUCT TRAINING EX12 ERCISES IN SUPPORTING FUNCTIONS FOR 

13 THE BORDER PATROL. 

14 It is the sense of Congress that the President should 

15 deploy United States military troops, when feasible, to 

16 conduct training exercises in supporting functions for the 

17 border patrol. 

18 SEC. 202. USE OF ARMY AND AIR FORCE TO SECURE THE 

19 BORDERS. 

20 Section 1385 of title 18, United States Code, is 

21 amended by inserting after ‘‘execute the laws’’ the fol22 lowing: ‘‘other than at or near a border of the United 

23 States in order to prevent aliens, terrorists, and drug 

24 smugglers from entering the United States’’. 
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1 SEC. 203. INCREASE IN FULL-TIME USCBP IMMIGRATION 

2 INSPECTORS. 

3 Subject to the availability of appropriations, the Sec4 retary of Homeland Security shall increase by 2,000 above 

5 the number funded in fiscal year 2006 the number of full6 time United States Customs and Border Protection immi7 gration inspectors by the end of fiscal year 2008. There 

8 are authorized to be appropriated such sums as may be 

9 necessary for such additional resources for support per10 sonnel and equipment for inspections as may be necessary 

11 to implement such an increase in inspectors. 

12 SEC. 204. INCREASE IN FULL-TIME USICE DETENTION AND 

13 REMOVAL OFFICERS. 

14 Subject to the availability of appropriations, the Sec15 retary of Homeland Security shall increase by 2,000 above 

16 the number funded in fiscal year 2006 the number of full17 time United States Immigration and Customs Enforce18 ment detention and removal officers by the end of the fis19 cal year 2008. There are authorized to be appropriated 

20 such sums as may be necessary for additional resources 

21 for support personnel and equipment for detention and re22 movals to implement such increase in personnel. 

23 SEC. 205. FUNCTIONS OF DETENTION AND REMOVAL OFFI24 CERS. 

25 Notwithstanding any other provision of law, detention 

26 and removal officers of the Department of Homeland Se-
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1 curity at the GS–9 and GS–11 levels are authorized to 

2 perform interior patrol functions, including locating, de3 taining, and transporting aliens who have overstayed their 

4 visas, alien absconders, and aliens apprehended by State 

5 or local authorities. 

6 SEC. 206. INCREASE IN USICE CRIMINAL INVESTIGATORS 

7 FOR BENEFITS FRAUD. 

8 Subject to the availability of appropriations, the Sec9 retary of Homeland Security shall increase by 500 above 

10 the number funded in fiscal year 2006 the number of 

11 1811-series criminal investigators to be assigned to the 

12 benefits fraud unit in the United States Immigration and 

13 Customs Enforcement to do benefits and false claims in14 vestigation by the end of fiscal year 2008. There are au15 thorized to be appropriated such sums as may be nec16 essary for related training and support. 

17 SEC. 207. INCREASE IN ATTORNEYS FOR THE USICE LEGAL 

18 PROGRAM. 

19 Subject to the availability of appropriations, the Sec20 retary of Homeland Security shall increase by 300 above 

21 the number funded in fiscal year 2006 the number of at22 torneys for the United States Immigration and Customs 

23 Enforcement Legal Program by the end of the fiscal year 

24 2008. There are authorized to be appropriated such sums 

25 as may be necessary for related training and support. 
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1 SEC. 208. SUSPENSION OF VISA WAIVER PROGRAM. 

2 (a) Notwithstanding any other provision of law, the 

3 visa waiver program established under section 217 of the 

4 Immigration and Nationality Act is suspended until the 

5 Secretary of Homeland Security determines and certifies 

6 to the Congress that—

7 (1) the automated entry-exit control system au8 thorized under section 110 of the Illegal Immigra9 tion Reform and Immigrant Responsibility Act of 

10 1996 (8 U.S.C. 1221 note), as amended, is fully im11 plemented and functional; 

12 (2) all United States ports of entry have func13 tional biometric machine readers; and 

14 (3) all nonimmigrants, including Border Cross15 ing Card holders, are processed through the auto16 mated entry-exit system. 

17 (b) Subparagraph (B) of section 217(a)(3) of the Im18 migration and Nationality Act (8 U.S.C. 1187(a)(3)) is 

19 repealed. 

20 SEC. 209. CIVIL AND CRIMINAL PENALTIES FOR UNLAWFUL 

21 PRESENCE. 

22 (a) ALIENS UNLAWFULLY PRESENT.—Title II of the 

23 Immigration and Nationality Act (8 U.S.C. 1151 et seq.) 

24 is amended by inserting after section 275 the following: 
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1 ‘‘CRIMINAL PENALTIES AND FORFEITURE FOR

2 UNLAWFUL PRESENCE IN THE UNITED STATES

3 ‘‘SEC. 275A. (a) In addition to any other violation, 

4 an alien present in the United States in violation of this 

5 Act shall be guilty of a felony and shall be fined under 

6 title 18, United States Code, imprisoned not less than 1 

7 year, or both. The assets of any alien present in the 

8 United States in violation of this Act shall be subject to 

9 forfeiture under title 18, United States Code. 

10 ‘‘(b) It shall be an affirmative defense to a violation 

11 of subsection (a) that the alien overstayed the time allot12 ted under the visa due to an exceptional and extremely 

13 unusual hardship or physical illness that prevented the 

14 alien from leaving the United States by the required 

15 date.’’. 

16 (b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL

17 ENTRY.—Section 275(a) of the Immigration and Nation18 ality Act (8 U.S.C. 1325(a)) is amended by striking ‘‘not 

19 more than 6 months,’’ and inserting ‘‘not less than 1 

20 year,’’. 

21 SEC. 210. LISTING OF IMMIGRATION VIOLATORS IN THE NA22 TIONAL CRIME INFORMATION CENTER DATA23 BASE. 

24 (a) PROVISION OF INFORMATION TO THE NCIC.—

25 Not later than 180 days after the date of enactment of 
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1 this Act, the Under Secretary for Border and Transpor2 tation Security of the Department of Homeland Security 

3 shall provide the National Crime Information Center of 

4 the Department of Justice with such information as the 

5 Director may have on any and all aliens against whom 

6 a final order of removal has been issued, any and all aliens 

7 who have signed a voluntary departure agreement, and 

8 any and all aliens who have overstayed their visa. Such 

9 information shall be provided to the National Crime Infor10 mation Center regardless of whether or not the alien re11 ceived notice of a final order of removal and even if the 

12 alien has already been removed. 

13 (b) INCLUSION OF INFORMATION IN THE NCIC 

14 DATABASE.—Section 534(a) of title 28, United States 

15 Code, is amended—

16 (1) in paragraph (3), by striking ‘‘and’’ at the 

17 end; 

18 (2) by redesignating paragraph (4) as para19 graph (5); and 

20 (3) by inserting after paragraph (3) the fol21 lowing: 

22 ‘‘(4) acquire, collect, classify, and preserve 

23 records of violations of the immigration laws of the 

24 United States, regardless of whether or not the alien 
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1 has received notice of the violation and even if the 

2 alien has already been removed; and’’. 

3 (c) STATE AND LOCAL LAW ENFORCEMENT PROVI4 SION OF INFORMATION ABOUT APPREHENDED ILLEGAL

5 ALIENS.—

6 (1) PROVISION OF INFORMATION.—

7 (A) IN GENERAL.—In order to receive 

8 funds under the State Criminal Alien Assist9 ance Program described in section 241(i) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1231(i)), States and localities shall provide to 

12 the Department of Homeland Security the in13 formation listed in subsection (b) on each alien 

14 apprehended in the jurisdiction of the State or 

15 locality who is believed to be in violation of an 

16 immigration law of the United States. 

17 (B) TIME LIMITATION.—Not later than 10 

18 days after an alien described in paragraph (1) 

19 is apprehended, information required to be pro20 vided under paragraph (1) must be provided in 

21 such form and in such manner as the Secretary 

22 of Homeland Security may, by regulation or 

23 guideline, require. 

24 (2) INFORMATION REQUIRED.—The information 

25 listed in this subsection is as follows: 
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1 (A) The alien’s name. 

2 (B) The alien’s address or place of resi3 dence. 

4 (C) A physical description of the alien. 

5 (D) The date, time, and location of the en6 counter with the alien and reason for stopping, 

7 detaining, apprehending, or arresting the alien. 

8 (E) If applicable, the alien’s driver’s li9 cense number and the State of issuance of such 

10 license. 

11 (F) If applicable, the type of any other 

12 identification document issued to the alien, any 

13 designation number contained on the identifica14 tion document, and the issuing entity for the 

15 identification document. 

16 (G) If applicable, the license plate number, 

17 make, and model of any automobile registered 

18 to, or driven by, the alien. 

19 (H) A photo of the alien, if available or 

20 readily obtainable. 

21 (I) The alien’s fingerprints, if available or 

22 readily obtainable. 

23 (3) REIMBURSEMENT.—The Department of 

24 Homeland Security shall reimburse States and local25 ities for all reasonable costs, as determined by the 
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1 Secretary of Homeland Security, incurred by that 

2 State or locality as a result of providing information 

3 required by this section. 

4 (4) AUTHORIZATION OF APPROPRIATIONS.—

5 There is authorized to be appropriated such sums as 

6 necessary to carry out this Act. 

7 (d) FORGERY OF FEDERAL DOCUMENTS.—

8 (1) IN GENERAL.—Chapter 25 of title 18, 

9 United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘§ 515. Federal records, documents, and writings, 

12 generally 

13 ‘‘Any person who—

14 ‘‘(1) falsely makes, alters, forges, or counter15 feits any Federal record, Federal document, Federal 

16 writing, or record, document or writing character17 izing, or purporting to characterize, official Federal 

18 activity, service, contract, obligation, duty, property, 

19 or chose; 

20 ‘‘(2) utters or publishes as true, or possesses 

21 with intent to utter or publish as true, any record, 

22 document, or writing described in paragraph (1), 

23 knowing, or negligently failing to know, that such 

24 record, document or writing has not been verified, 
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1 has been inconclusively verified, is unable to be 

2 verified, or is false, altered, forged, or counterfeited; 

3 ‘‘(3) transmits to, or presents at any office, or 

4 to any officer, of the United States, any records, 

5 document, or writing described in paragraph (1), 

6 knowing, or negligently failing to know, that such 

7 record, document or writing has not been verified, 

8 has been inconclusively verified, in unable to be 

9 verified, or is false, altered, forged, or counterfeited; 

10 ‘‘(4) attempts, or conspires to commit, any of 

11 the acts described in paragraphs (1) through (3); or 

12 ‘‘(5) while outside of the United States, engages 

13 in any of the acts described in paragraphs (1) 

14 through (3), 

15 shall be fined under this title, imprisoned not more than 

16 10 years, or both.’’. 

17 (2) CLERICAL AMENDMENT.—The table of con18 tents for chapter 25, of title 18, United States Code, 

19 is amended by inserting after the item relating to 

20 section 415 the following:

‘‘515. Federal records, documents, and writing, generally.’’.
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1 SEC. 211. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT 

2 FRAUD, BENEFIT FRAUD, AND FALSE CLAIMS 

3 OF CITIZENSHIP. 

4 (a) PENALTIES FOR DOCUMENT FRAUD.—Section 

5 274C(d)(3) of the Immigration and Nationality Act (8 

6 U.S.C. 1324c(d)(3)) is amended—

7 (1) in subparagraph (A), by striking ‘‘$250 and 

8 not more than $2,000’’ and inserting ‘‘$500 and not 

9 more than $4,000’’; and 

10 (2) in subparagraph (B), by striking ‘‘$2,000 

11 and not more than $5,000’’ and inserting ‘‘$4,000 

12 and not more than $10,000’’. 

13 (b) FRAUD AND FALSE STATEMENTS.—Chapter 47 

14 of title 18, United States Code, is amended 

15 (1) in section 1015, by striking ‘‘five years’’ 

16 and inserting ‘‘10 years’’; and 

17 (2) in section 1028(b)—

18 (A) in paragraph (1), by striking ‘‘15 

19 years’’ and inserting ‘‘20 years’’; 

20 (B) in paragraph (2), by striking ‘‘three 

21 years’’ and inserting ‘‘six years’’; 

22 (C) in paragraph (3), by striking ‘‘20 

23 years’’ and inserting ‘‘25 years’’; and 

24 (D) in paragraph (6), by striking ‘‘one 

25 year’’ and inserting ‘‘two years’’. 
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1 SEC. 212. IDENTIFICATION STANDARD FOR FEDERAL BENE2 FITS. 

3 (a) FEDERAL AGENCIES.—No department, agency, 

4 commission, other entity, or employee of the Federal Gov5 ernment may accept, recognize, or rely on (or authorize 

6 the acceptance or recognition of or reliance on) for the 

7 purpose of establishing identity any document except those 

8 described in subsection (c). 

9 (b) STATE AND LOCAL AGENCIES.—No department, 

10 agency, commission, other entity, or employee of a State 

11 or local government charged with providing or approving 

12 applications for public benefits or services funded in whole 

13 or in part with Federal funds may accept, recognize, or 

14 rely on (or authorize the acceptance or recognition of or 

15 reliance on) for the purpose of establishing identity any 

16 document except those described in subsection (c). 

17 (c) DOCUMENTS DESCRIBED.—Documents described 

18 in this subsection are limited to—

19 (1)(A) Valid, unexpired United States pass20 ports, immigration documents, and other identity 

21 documents issued by a Federal authority. 

22 (B) Individual taxpayer identification numbers 

23 issued by the Internal Revenue Service shall not be 

24 considered identity documents for purposes of sub25 paragraph (A). 
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1 (2) Valid, unexpired identity documents issued 

2 by a State or local authority if—

3 (A) the State or local authority statutorily 

4 bars issuance of such identity documents to 

5 aliens unlawfully present in the United States; 

6 and 

7 (B) the State or local authority requires 

8 independent verification of records provided by 

9 the applicant in support of the application for 

10 such identity documents. 

11 (3) Valid, unexpired foreign passports, if such 

12 passports include or are accompanied by proof of 

13 lawful presence in the United States. 

14 SEC. 213. FINGERPRINTING OF APPLICANTS FOR UNITED 

15 STATES PASSPORTS. 

16 Section 1 of title IX of the Act of June 15, 1917 

17 (22 U.S.C. 213) is amended—

18 (1) by inserting ‘‘(a)’’ before ‘‘Before a pass19 port’’; 

20 (2) by adding at the end the following: 

21 ‘‘(b) No new or replacement United States passport 

22 may be issued to any applicant on or after January 1, 

23 2008, unless—

24 ‘‘(1) the applicant has been fingerprinted elec25 tronically; and 
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1 ‘‘(2) the applicant’s fingerprints have been 

2 checked against the National Crime Information 

3 Center database of the Federal Bureau of Investiga4 tion.’’. 

5 SEC. 214. VISA TERM COMPLIANCE BONDS. 

6 (a) DEFINITIONS.—For purposes of this section: 

7 (1) VISA TERM COMPLIANCE BOND.—The term 

8 ‘‘visa term compliance bond’’ means a written 

9 suretyship undertaking entered into by an alien indi10 vidual seeking admission to the United States on a 

11 nonimmigrant visa whose performance is guaranteed 

12 by a bail agent. 

13 (2) SURETYSHIP UNDERTAKING.—The term 

14 ‘‘suretyship undertaking’’ means a written agree15 ment, executed by a bail agent, which binds all par16 ties to its certain terms and conditions and which 

17 provides obligations for the visa applicant while 

18 under the bond and penalties for forfeiture to ensure 

19 the obligations of the principal under the agreement. 

20 (3) BAIL AGENT.—The term ‘‘bail agent’’ 

21 means any individual properly licensed, approved, 

22 and appointed by power of attorney to execute or 

23 countersign bail bonds in connection with judicial 

24 proceedings and who receives a premium. 
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1 (4) SURETY.—The term ‘‘surety’’ means an en2 tity, as defined by, and that is in compliance with, 

3 sections 9304 through 9308 of title 31, United 

4 States Code, that agrees—

5 (A) to guarantee the performance, where 

6 appropriate, of the principal under a visa term 

7 compliance bond; 

8 (B) to perform as required in the event of 

9 a forfeiture; and 

10 (C) to pay over the principal (penal) sum 

11 of the bond for failure to perform. 

12 (5) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Homeland Security. 

14 (b) ISSUANCE OF BOND.—A consular officer may re15 quire an applicant for a nonimmigrant visa, as a condition 

16 for granting such application, to obtain a visa term com17 pliance bond. 

18 (c) VALIDITY, EXPIRATION, RENEWAL, AND CAN19 CELLATION OF BONDS.—

20 (1) VALIDITY.—A visa term compliance bond 

21 undertaking is valid if it—

22 (A) states the full, correct, and proper 

23 name of the alien principal; 

24 (B) states the amount of the bond; 
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1 (C) is guaranteed by a surety and 

2 countersigned by an attorney-in-fact who is 

3 properly appointed; 

4 (D) is an original signed document; 

5 (E) is filed with the Secretary of Home6 land Security along with the original application 

7 for a visa; and 

8 (F) is not executed by electronic means. 

9 (2) EXPIRATION.—A visa term compliance bond 

10 undertaking shall expire at the earliest of—

11 (A) 1 year after the date of issue; 

12 (B) at the expiration, cancellation, or sur13 render of the visa; or 

14 (C) immediately upon nonpayment of the 

15 premium. 

16 (3) RENEWAL.—A visa term compliance may be 

17 renewed annually with payment of proper premium 

18 at the option of the bail agent or surety, but only 

19 if there has been no breech of conditions, default, 

20 claim, or forfeiture of the bond. 

21 (4) CANCELLATION.—A visa term compliance 

22 bond shall be canceled and the surety and bail agent 

23 exonerated—

24 (A) for nonrenewal; 
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1 (B) if the surety or bail agent provides 

2 reasonable evidence that there was misrepresen3 tation or fraud in the application for the bond; 

4 (C) upon termination of the visa; 

5 (D) upon death, incarceration of the prin6 cipal, or the inability of the surety to produce 

7 the principal for medical reasons; 

8 (E) if the principal is detained in any city, 

9 State, country, or political subdivision thereof; 

10 (F) if the principal departs from the 

11 United States for any reason without permis12 sion of the Secretary of Homeland Security and 

13 the surety or bail agent; or 

14 (G) if the principal is surrendered by the 

15 surety. 

16 (5) EFFECT OF EXPIRATION OR CANCELLA17 TION.—When a visa term compliance bond expires 

18 without being immediately renewed, or is canceled, 

19 the nonimmigrant status of the alien shall be re20 voked immediately. 

21 (6) SURRENDER OF PRINCIPAL; FORFEITURE

22 OF BOND PREMIUM.—

23 (A) SURRENDER.—At any time before a 

24 breach of any of the conditions of a visa term 

25 compliance bond, the surety or bail agent may 
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1 surrender the principal, or the principal may 

2 surrender, to any United States Immigration 

3 and Customs Enforcement or Customs and 

4 Border Protection office or facility. 

5 (B) FORFEITURE OF BOND PREMIUM.—A 

6 principal may be surrendered without the re7 turn of any bond premium if the visa holder—

8 (i) changes address without notifying 

9 the surety or bail agent and the Secretary 

10 of Homeland Security in writing at least 

11 60 days prior to such change; 

12 (ii) changes schools, jobs, or occupa13 tions without written permission of the 

14 surety, bail agent, and the Secretary; 

15 (iii) conceals himself or herself; 

16 (iv) fails to report to the Secretary as 

17 required at least annually; or 

18 (v) violates the contract with the bail 

19 agent or surety, commits any act that may 

20 lead to a breech of the bond, or otherwise 

21 violates any other obligation or condition 

22 of the visa established by the Secretary. 

23 (7) CERTIFIED COPY OF UNDERTAKING OR

24 WARRANT TO ACCOMPANY SURRENDER.—
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1 (A) IN GENERAL.—A person desiring to 

2 make a surrender of the visa holder—

3 (i) shall have the right to petition any 

4 Federal court for an arrest warrant for the 

5 arrest of the visa holder; 

6 (ii) shall forthwith be provided a cer7 tified copy of the arrest warrant and the 

8 undertaking; and 

9 (iii) shall have the right to pursue, ap10 prehend, detain, and deliver the visa hold11 er, together with the certified copy of the 

12 arrest warrant and the undertaking, to any 

13 official or facility of the United States Im14 migration and Customs Enforcement or of 

15 Customs and Border Protection or any de16 tention facility authorized to hold Federal 

17 detainees. 

18 (B) EFFECTS OF DELIVERY.—Upon deliv19 ery of a person under subparagraph (A)(iii)—

20 (i) the official to whom the delivery is 

21 made shall detain the visa holder in cus22 tody and issue a written certificate of sur23 render; and 

24 (ii) the court issuing the warrant de25 scribed in subparagraph (A)(i) and the 
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1 Secretary of Homeland Security shall im2 mediately exonerate the surety and bail 

3 agent from any further liability on the 

4 bond. 

5 (8) FORM OF BOND.—A visa term compliance 

6 bond shall in all cases state the following and be se7 cured by a surety: 

8 (A) BREACH OF BOND; PROCEDURE; FOR9 FEITURE; NOTICE.—

10 (i) If a visa holder violates any condi11 tions of the visa or the visa bond the Sec12 retary shall—

13 (I) order the visa canceled; 

14 (II) immediately obtain a war15 rant for the visa holder’s arrest; 

16 (III) order the bail agent and 

17 surety to take the visa holder into 

18 custody and surrender the visa holder 

19 to the Secretary; and 

20 (IV) mail notice to the bail agent 

21 and surety via certified mail return 

22 receipt at each of the addresses in the 

23 bond. 

24 (ii) A bail agent or surety shall have 

25 full and complete access to any and all in-
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1 formation, electronic or otherwise, in the 

2 care, custody, and control of the United 

3 States Government or any State or local 

4 government or any subsidiary or police 

5 agency thereof regarding the visa holder 

6 needed to comply with section 213 of the 

7 REAL GUEST Act of 2005 that the court 

8 issuing the warrant believes is crucial in lo9 cating the visa holder. 

10 (iii) If the visa holder is later ar11 rested, detained, or otherwise located out12 side the United States and the outlying 

13 possessions of the United States (as de14 fined in section 101(a) of the Immigration 

15 and Nationality Act), the Secretary shall—

16 (I) order that the bail agent and 

17 surety are completely exonerated, and 

18 the bond canceled and terminated; 

19 and 

20 (II) if the Secretary has issued 

21 an order under clause (i), the surety 

22 may request, by written, properly filed 

23 motion, reinstatement of the bond. 
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1 Subclause (II) may not be construed to 

2 prevent the Secretary from revoking or re3 setting a higher bond. 

4 (iv) The bail agent or surety must—

5 (I) produce the visa bond holder; 

6 or 

7 (II)(aa) prove within 180 days 

8 that producing the bond holder was 

9 prevented—

10 (AA) by the bond holder’s 

11 illness or death; 

12 (BB) because the bond hold13 er is detained in custody in any 

14 city, State, country, or political 

15 subdivision thereof; 

16 (CC) because the bond hold17 er has left the United States or 

18 its outlying possessions (as de19 fined in section 101(a) of the Im20 migration and Nationality Act (8 

21 U.S.C. 1101(a)); or 

22 (DD) because required no23 tice was not given to the bail 

24 agent or surety; and 
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1 (bb) prove within 180 days that 

2 the inability to produce the bond hold3 er was not with the consent or conniv4 ance of the bail agent or sureties. 

5 (v) If the bail agent or surety does 

6 not comply with the terms of this bond 

7 within 60 days after the mailing of the no8 tice required under clause (i)(IV), a por9 tion of the face value of the bond shall be 

10 assessed as a penalty against the surety. 

11 (vi) If compliance occurs more than 

12 60 days but no more than 90 days after 

13 the mailing of such notice, the amount as14 sessed shall be one-third of the face value 

15 of the bond. 

16 (vii) If compliance occurs more than 

17 90 days, but no more than 180 days, after 

18 the mailing of such notice, the amount as19 sessed shall be two-thirds of the face value 

20 of the bond. 

21 (viii) If compliance does not occur 

22 within 180 days after the mailing of such 

23 notice, the amount assessed shall be 100 

24 percent of the face value of the bond. 
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1 (ix) All penalty fees shall be paid by 

2 the surety within 45 days after the end of 

3 such 180-day period. 

4 (B) WAIVER.—The Secretary may waive 

5 the penalty fees or extend the period for pay6 ment or both under subparagraph (A), if—

7 (i) a written request is filed with the 

8 Secretary; and 

9 (ii) the bail agent or surety provides 

10 evidence satisfactory to the Secretary that 

11 diligent efforts were made to effect compli12 ance of the visa holder. 

13 (C) COMPLIANCE; EXONERATION; LIMITA14 TION OF LIABILITY.—

15 (i) COMPLIANCE.—The bail agent or 

16 surety shall have the absolute right to lo17 cate, apprehend, arrest, detain, and sur18 render any visa holder, wherever the visa 

19 holder may be found, who violates any of 

20 the terms and conditions of the visa or 

21 bond. 

22 (ii) EXONERATION.—Upon satisfying 

23 any of the requirements of the bond, the 

24 surety shall be completely exonerated. 
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1 (iii) LIMITATION OF LIABILITY.—The 

2 total liability on any undertaking shall not 

3 exceed the face amount of the bond. 

4 SEC. 215. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS. 

5 Section 236(a)(2) of the Immigration and Nationality 

6 Act (8 U.S.C. 1226(a)(2)) is amended to read as follows: 

7 ‘‘(2) subject to section 241(a)(8), may release 

8 the alien on bond of at least $10,000, with security 

9 approved by, and containing conditions prescribed 

10 by, the Secretary of Homeland Security, but the 

11 Secretary shall not release the alien on or to the 

12 alien’s own recognizance unless an order of an immi13 gration judge expressly finds that the alien is not a 

14 flight risk and is not a threat to the United States; 

15 and’’. 

16 SEC. 216. DETENTION OF ALIENS DELIVERED BY BONDS17 MEN. 

18 (a) IN GENERAL.—Section 241(a) of the Immigra19 tion and Nationality Act (8 U.S.C. 1231(a)) is amended 

20 by adding at the end the following: 

21 ‘‘(8) EFFECT OF PRODUCTION OF ALIEN BY

22 BONDSMAN.—Notwithstanding any other provision 

23 of law, the Secretary of Homeland Security shall 

24 take into custody any alien subject to a final order 

25 of removal, and cancel any bond previously posted 
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1 for the alien, if the alien is produced within the pre2 scribed time limit by the obligor on the bond. The 

3 obligor on the bond shall be deemed to have substan4 tially performed all conditions imposed by the terms 

5 of the bond, and shall be released from liability on 

6 the bond, if the alien is produced within such time 

7 limit.’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall take effect on the date of the enact10 ment of this Act and shall apply to all immigration bonds 

11 posted before, on, or after such date. 

12 SEC. 217. INDEPENDENT VERIFICATION OF BIRTH 

13 RECORDS PROVIDED IN SUPPORT OF APPLI14 CATIONS FOR SOCIAL SECURITY ACCOUNT 

15 NUMBERS. 

16 (a) APPLICATIONS FOR SOCIAL SECURITY ACCOUNT

17 NUMBERS.—Section 205(c)(2)(B)(ii) of the Social Secu18 rity Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended 

19 (1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and 

20 (2) by adding at the end the following new sub21 clause: 

22 ‘‘(II) With respect to an application for a social secu23 rity account number for an individual, other than for pur24 poses of enumeration at birth, the Commissioner of Social 

25 Security shall require independent verification of any birth 
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1 record provided by the applicant in support of the applica2 tion.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall apply with respect to applications filed 

5 more than 180 days after the date of the enactment of 

6 this Act. 

7 SEC. 218. BIRTH CERTIFICATES. 

8 (a) APPLICABILITY OF MINIMUM STANDARDS TO

9 LOCAL GOVERNMENTS.—The minimum standards in this 

10 section applicable to birth certificates issued by a State 

11 shall also apply to birth certificates issued by a local gov12 ernment in the State. It shall be the responsibility of the 

13 State to ensure that local governments in the State comply 

14 with the minimum standards. 

15 (b) MINIMUM STANDARDS FOR FEDERAL RECOGNI16 TION.—

17 (1) MINIMUM STANDARDS FOR FEDERAL

18 USE.—

19 (A) IN GENERAL.—Beginning 3 years after 

20 the date of the enactment of this Act, a Federal 

21 agency may not accept, for any official purpose, 

22 a birth certificate issued by a State to any per23 son unless the State is meeting the require24 ments of this section. 
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1 (B) STATE CERTIFICATIONS.—The Sec2 retary of Homeland Security shall determine 

3 whether a State is meeting the requirements of 

4 this section based on certifications made by the 

5 State to the Secretary. Such certifications shall 

6 be made at such times and in such manner as 

7 the Secretary, in consultation with the Sec8 retary of Health and Human Services, may pre9 scribe by regulation. 

10 (2) MINIMUM DOCUMENT STANDARDS.—To 

11 meet the requirements of this section, a State shall 

12 include, on each birth certificate issued to a person 

13 by the State, the use of safety paper, the seal of the 

14 issuing custodian of record, and such other features 

15 as the Secretary of Homeland Security may deter16 mine necessary to prevent tampering, counterfeiting, 

17 and otherwise duplicating the birth certificate for 

18 fraudulent purposes. The Secretary may not require 

19 a single design to which birth certificates issued by 

20 all States must conform. 

21 (3) MINIMUM ISSUANCE STANDARDS.—

22 (A) IN GENERAL.—To meet the require23 ments of this section, a State shall require and 

24 verify the following information from the re-
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1 questor before issuing an authenticated copy of 

2 a birth certificate: 

3 (i) The name on the birth certificate. 

4 (ii) The date and location of the birth. 

5 (iii) The mother’s maiden name. 

6 (iv) Substantial proof of the reques7 tor’s identity. 

8 (B) ISSUANCE TO PERSONS NOT NAMED

9 ON BIRTH CERTIFICATE.—To meet the require10 ments of this section, in the case of a request 

11 by a person who is not named on the birth cer12 tificate, a State must require the presentation 

13 of legal authorization to request the birth cer14 tificate before issuance. 

15 (C) ISSUANCE TO FAMILY MEMBERS.—Not 

16 later than one year after the date of the enact17 ment of this Act, the Secretary of Homeland 

18 Security, in consultation with the Secretary of 

19 Health and Human Services and the States, 

20 shall establish minimum standards for issuance 

21 of a birth certificate to specific family members, 

22 their authorized representatives, and others who 

23 demonstrate that the certificate is needed for 

24 the protection of the requestor’s personal or 

25 property rights. 
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1 (D) WAIVERS.—A State may waive the re2 quirements set forth in clauses (i) through (iii) 

3 of subparagraph (A) in exceptional cir4 cumstances, such as the incapacitation of the 

5 registrant. 

6 (E) APPLICATIONS BY ELECTRONIC

7 MEANS.—To meet the requirements of this sec8 tion, for applications by electronic means, 

9 through the mail or by phone or fax, a State 

10 shall employ third party verification, or equiva11 lent verification, of the identity of the re12 questor. 

13 (F) VERIFICATION OF DOCUMENTS.—To 

14 meet the requirements of this section, a State 

15 shall verify the documents used to provide proof 

16 of identity of the requestor. 

17 (4) OTHER REQUIREMENTS.—To meet the re18 quirements of this section, a State shall adopt, at a 

19 minimum, the following practices in the issuance 

20 and administration of birth certificates: 

21 (A) Establish and implement minimum 

22 building security standards for State and local 

23 vital record offices. 

24 (B) Restrict public access to birth certifi25 cates and information gathered in the issuance 
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1 process to ensure that access is restricted to en2 tities with which the State has a binding pri3 vacy protection agreement. 

4 (C) Subject all persons with access to vital 

5 records to appropriate security clearance re6 quirements. 

7 (D) Establish fraudulent document rec8 ognition training programs for appropriate em9 ployees engaged in the issuance process. 

10 (E) Establish and implement internal oper11 ating system standards for paper and for elec12 tronic systems. 

13 (F) Establish a central database that can 

14 provide interoperative data exchange with other 

15 States and with Federal agencies, subject to 

16 privacy restrictions and confirmation of the au17 thority and identity of the requestor. 

18 (G) Ensure that birth and death records 

19 are matched in a comprehensive and timely 

20 manner, and that all electronic birth records 

21 and paper birth certificates of decedents are 

22 marked ‘‘deceased’’. 

23 (H) Cooperate with the Secretary of 

24 Homeland Security in the implementation of 
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1 electronic verification of vital events under sub2 section (d). 

3 (c) ESTABLISHMENT OF ELECTRONIC BIRTH AND

4 DEATH REGISTRATION SYSTEMS.—In consultation with 

5 the Secretary of Health and Human Services and the 

6 Commissioner of Social Security, the Secretary of Home7 land Security shall take the following actions: 

8 (1) Work with the States to establish a common 

9 data set and common data exchange protocol for 

10 electronic birth registration systems and death reg11 istration systems. 

12 (2) Coordinate requirements for such systems 

13 to align with a national model. 

14 (3) Ensure that fraud prevention is built into 

15 the design of electronic vital registration systems in 

16 the collection of vital event data, the issuance of 

17 birth certificates, and the exchange of data among 

18 government agencies. 

19 (4) Ensure that electronic systems for issuing 

20 birth certificates, in the form of printed abstracts of 

21 birth records or digitized images, employ a common 

22 format of the certified copy, so that those requiring 

23 such documents can quickly confirm their validity. 

24 (5) Establish uniform field requirements for 

25 State birth registries. 
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1 (6) Not later than 1 year after the date of the 

2 enactment of this Act, establish a process with the 

3 Department of Defense that will result in the shar4 ing of data, with the States and the Social Security 

5 Administration, regarding deaths of United States 

6 military personnel and the birth and death of their 

7 dependents. 

8 (7) Not later than 1 year after the date of the 

9 enactment of this Act, establish a process with the 

10 Department of State to improve registration, notifi11 cation, and the sharing of data with the States and 

12 the Social Security Administration, regarding births 

13 and deaths of United States citizens abroad. 

14 (8) Not later than 3 years after the date of es15 tablishment of databases provided for under this sec16 tion, require States to record and retain electronic 

17 records of pertinent identification information col18 lected from requestors who are not the registrants. 

19 (9) Not later than 6 months after the date of 

20 the enactment of this Act, submit to Congress, a re21 port on whether there is a need for Federal laws to 

22 address penalties for fraud and misuse of vital 

23 records and whether violations are sufficiently en24 forced. 
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1 (d) ELECTRONIC VERIFICATION OF VITAL

2 EVENTS.—

3 (1) LEAD AGENCY.—The Secretary of Home4 land Security shall lead the implementation of elec5 tronic verification of a person’s birth and death. 

6 (2) REGULATIONS.—In carrying out paragraph 

7 (1), the Secretary shall issue regulations to establish 

8 a means by which authorized Federal and State 

9 agency users with a single interface will be able to 

10 generate an electronic query to any participating 

11 vital records jurisdiction throughout the United 

12 States to verify the contents of a paper birth certifi13 cate. Pursuant to the regulations, an electronic re14 sponse from the participating vital records jurisdic15 tion as to whether there is a birth record in their 

16 database that matches the paper birth certificate will 

17 be returned to the user, along with an indication if 

18 the matching birth record has been flagged ‘‘de19 ceased’’. The regulations shall take effect not later 

20 than 5 years after the date of the enactment of this 

21 Act. 

22 (e) GRANTS TO STATES.—

23 (1) IN GENERAL.—The Secretary of Homeland 

24 Security may make grants to States to assist the 
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1 States in conforming to the minimum standards set 

2 forth in this section. 

3 (2) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to the Sec5 retary of Homeland Security for each of the fiscal 

6 years 2006 through 2009 such sums as may be nec7 essary to carry out this section. 

8 (f) AUTHORITY.—

9 (1) PARTICIPATION WITH FEDERAL AGENCIES

10 AND 25 STATES.—All authority to issue regulations, 

11 certify standards, and issue grants under this sec12 tion shall be carried out by the Secretary of Home13 land Security, with the concurrence of the Secretary 

14 of Health and Human Services and in consultation 

15 with State vital statistics offices and appropriate 

16 Federal agencies. 

17 (2) EXTENSIONS OF DEADLINES.—The Sec18 retary of Homeland Security may grant to a State 

19 an extension of time to meet the requirements of 

20 subsection (b)(1)(A) if the State provides adequate 

21 justification for noncompliance. 

22 (g) REPEAL.—Section 7211 of the Intelligence Re23 form and Terrorism Prevention Act of 2004 (Public Law 

24 108–458) is repealed. 
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1 SEC. 219. MAXIMUM PERIOD OF VALIDITY FOR STATE LI2 CENSES AND IDENTIFICATION DOCUMENTS. 

3 Section 202(d)(10) of the REAL ID Act of 2005 (di4 vision B of Public Law 109–13) is amended by striking 

5 ‘‘8 years’’ and inserting ‘‘5 years’’. 

6 SEC. 220. ESTABLISHMENT OF IMMIGRATION AND CUS7 TOMS FIELD OFFICE IN TULSA, OKLAHOMA. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) On July 17, 2002, 18 illegal immigrants, 

10 including 3 minors, were taken into custody by the 

11 Tulsa County Sheriff’s Department and later re12 leased by the former Immigration and Naturaliza13 tion Service. 

14 (2) On August 13, 2002, an immigration task 

15 force meeting convened in Tulsa, Oklahoma, with 

16 the goal of bringing together local law enforcement 

17 and the Immigration and Naturalization Service to 

18 open a dialogue to find effective ways to better en19 force Federal immigration laws in the first District 

20 of Oklahoma. 

21 (3) On January 22, 2003, 4 new agents were 

22 hired at the Immigration and Naturalization Service 

23 office in Oklahoma City. 

24 (4) On January 30, 2003, 6 new special agents 

25 were added to the staff of the Immigration and Nat26 uralization Service’s Oklahoma office. 
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1 (5) On September 22, 2004, U.S. Immigration 

2 and Customs Enforcement authorized the release of 

3 18 possible illegal aliens that were in the custody of 

4 the City of Catoosa, Oklahoma Policy Department. 

5 Catoosa Police stopped a stuck carrying 18 persons, 

6 including children, in the early morning hours. Only 

7 2 of the detainees produced identification. One adult 

8 was arrested on drug possession charges, while the 

9 remaining individuals were released. 

10 (6) There is 1 U.S. Immigration and Customs 

11 Enforcement Office of Investigations in Oklahoma, 

12 which is located in Oklahoma City and has 12 

13 agents serving 3,500,000 people. 

14 (7) Interstate Highways I–44 and U.S.–75 are 

15 major roads through Tulsa, Oklahoma, and serve for 

16 the transportation of illegal immigrants to all areas 

17 of the United States. 

18 (8) The establishment of a U.S. Immigration 

19 and Customs Enforcement Office of Investigations 

20 field office in Tulsa, Oklahoma, will help enforce 

21 Federal immigration laws in eastern Oklahoma. 

22 (9) There are 7 Drug Enforcement Administra23 tion agents, and an estimated 22 Federal Bureau of 

24 Investigation agents, headquartered in Tulsa, Okla-
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1 homa, while no U.S. Immigration and Customs En2 forcement agents are located in Tulsa, Oklahoma. 

3 (b) ESTABLISHMENT OF TULSA FIELD OFFICE.—

4 Not later than 180 days after the date of enactment of 

5 this Act, the Secretary of Homeland Security shall, subject 

6 to the availability of appropriated funds, establish a U.S. 

7 Immigration and Customs Enforcement of Investigations 

8 field office in Tulsa, Oklahoma. 

9 Subtitle B—Reversing Unlawful 

10 Migration 

11 SEC. 221. MANDATORY EMPLOYMENT AUTHORIZATION 

12 VERIFICATION. 

13 (a) RENAMING OF BASIC PILOT PROGRAM.—The 

14 basic pilot program established under section 403(a) of 

15 the Illegal Immigration Reform and Immigrant Responsi16 bility Act of 1996 (division C of Public Law 104–208; 8 

17 U.S.C. 1324a note) is hereby renamed the ‘‘Employment 

18 Authorization Status Instant Check’’ or ‘‘EASI Check’’ 

19 system. 

20 (b) PERMANENT OPERATION OF THE PROGRAM.—

21 The EASI Check system shall continue in operation per22 manently and shall not terminate. 

23 (c) MANDATORY USE OF EASI CHECK SYSTEM.—

24 (1) IN GENERAL.—Subject to paragraphs (2) 

25 and (3), every person or other entity that hires one 
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1 or more individuals for employment in the United 

2 States shall verify through the EASI Check system 

3 that each such individual is authorized to work in 

4 the United States. 

5 (2) SELECT ENTITIES REQUIRED TO USE EASI

6 CHECK SYSTEM IMMEDIATELY.—The following enti7 ties must satisfy the requirement in paragraph (1) 

8 by not later than one year after the date of the en9 actment of this Act: 

10 (A) FEDERAL AGENCIES.—Each depart11 ment and agency of the Federal Government; 

12 (B) FEDERAL CONTRACTORS.—A con13 tractor that—

14 (i) has entered into a contract with 

15 the Federal Government to which section 

16 2(b)(1) of the Service Contract Act of 

17 1965 (41 U.S.C. 351(b)(1)) applies, and 

18 any subcontractor under such contract; or 

19 (ii) has entered into a contract ex20 empted from the application of such Act by 

21 section 6 of such Act (41 U.S.C. 356), and 

22 any subcontractor under such contract. 

23 (C) LARGER EMPLOYERS IN CERTAIN IN24 DUSTRIES.—An employer that employs more 

25 than 50 individuals in the United States in any 
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1 of the following industries, as defined by the 

2 Secretary of Labor: 

3 (i) Agriculture. 

4 (ii) Meat packing. 

5 (iii) Construction. 

6 (iv) Leisure and hospitality. 

7 (3) PHASING-IN FOR OTHER EMPLOYERS.—

8 (A) 2 YEARS FOR EMPLOYERS OF 20 OR

9 MORE.—Entities that employ 20 or more indi10 viduals in the United States in any industry 

11 must satisfy the requirement in paragraph (1) 

12 by not later than two years after the date of the 

13 enactment of this Act. 

14 (B) 3 YEARS FOR ALL EMPLOYERS.—All 

15 entities that employ one or more individuals in 

16 the United States must satisfy the requirement 

17 in paragraph (1) by not later than three years 

18 after the date of the enactment of this Act. 

19 (4) VERIFYING EMPLOYMENT AUTHORIZATION

20 OF CURRENT EMPLOYEES.—Every person or other 

21 entity that employs one or more persons in the 

22 United States shall verify through the EASI Check 

23 system by no later than four years after enactment 

24 that each employee is authorized to work in the 

25 United States. 
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1 (5) DEFENSE.—An employer who establishes 

2 that the employer complied in good faith with the re3 quirements in paragraphs (1) and (4) shall not be 

4 liable for hiring an unauthorized alien, if—

5 (A) such hiring occurred due to an error in 

6 the EASI Check system that was unknown to 

7 the employer at the time of such hiring; and 

8 (B) the employer terminates the employ9 ment of the alien upon being informed of the 

10 error. 

11 (6) SANCTIONS FOR NONCOMPLIANCE.—The 

12 failure of an employer to comply with the require13 ments in paragraph (1) or (4) shall—

14 (A) be treated as a violation of section 

15 274A(a)(1)(B) of the Immigration and Nation16 ality Act (8 U.S.C. 1324a(a)(1)(B)) with re17 spect to each individual whose employment au18 thorization status was not verified; and 

19 (B) create a rebuttable presumption that 

20 the employer has violated section 274A(a)(1)(A) 

21 of such Act. 

22 (7) VOLUNTARY PARTICIPATION OF EMPLOYERS

23 NOT IMMEDIATELY SUBJECT TO REQUIREMENT.—

24 Nothing in this subsection shall be construed as pre25 venting a person or other entity that is not imme-
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1 diately subject to the requirement of paragraph (1) 

2 pursuant to paragraph (2) or (3) from voluntarily 

3 using the EASI Check system to verify the employ4 ment authorization of new hires, current employees, 

5 or both. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated such sums as may be 

8 required to carry out this section. 

9 SEC. 222. EMPLOYER SANCTIONS. 

10 (a) INCREASE IN PENALTY FOR VIOLATIONS.—Sub11 section 274A(e)(4) of the Immigration and Nationality 

12 Act (8 U.S.C. 1324a(e)(4)) is amended—

13 (1) in subparagraph (A)(i), by striking ‘‘not 

14 less than $250 and not more than $2,000’’ and in15 serting ‘‘$5,000’’; 

16 (2) in subparagraph (A)(ii), by striking ‘‘not 

17 less than $2,000 and not more than $5,000’’ and in18 serting ‘‘$10,000’’; 

19 (3) in subparagraph (A)(iii), by striking ‘‘not 

20 less than $3,000 and not more than $10,000’’ and 

21 inserting ‘‘$25,000’’; and 

22 (4) in subparagraph (B), by striking clause (i) 

23 and redesignating clause (ii) as clause (i). 

24 (b) ENFORCEMENT THROUGH LIMITATION ON H 

25 NONIMMIGRANT PETITIONS.—Subsection 274A(e) of such 
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1 Act (8 U.S.C. 1324a(e)) is further amended by adding at 

2 the end the following: 

3 ‘‘(10) LIMITATION ON H NONIMMIGRANT PETI4 TIONS.—Any person or entity found in violation of 

5 subsection (a)(1)(A) or (a)(2) shall be ineligible for 

6 a period of 5 years following the first offense, and 

7 permanently following the second offense, to petition 

8 for a nonimmigrant described in section 

9 101(a)(15)(H).’’. 

10 (c) INCREASE IN CRIMINAL PENALTY.—Section 

11 274A(f)(1) of such Act (8 U.S.C. 1324a(f)(1)) is amended 

12 to read as follows: 

13 ‘‘(1) CRIMINAL PENALTY.—Any person or enti14 ty which engages in a pattern or practice of viola15 tions of subsection (a)(1)(A) or (a)(2) shall be fined 

16 not more than $25,000 for each unauthorized alien 

17 with respect to whom such a violation occurs, im18 prisoned for not less than one year, or both, notwith19 standing the provisions of any other Federal law re20 lating to fine levels.’’. 

21 SEC. 223. LIMITED DURATION SOCIAL SECURITY ACCOUNT 

22 NUMBERS FOR NONIMMIGRANTS. 

23 (a) TEMPORARY SOCIAL SECURITY CARDS FOR NON24 IMMIGRANTS.—Section 205(c)(2)(G) of the Social Secu25 rity Act (42 U.S.C. 405(c)(2)(G)) is amended by inserting 
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1 after the first sentence the following: ‘‘Social security 

2 cards issued to aliens who are not lawful permanent resi3 dents, but who are authorized to engage in employment 

4 in the United States, shall bear on their face an expiration 

5 date that coincides with the expiration of the alien’s per6 mission to be employed in the United States. The social 

7 security account numbers on such cards shall not be valid 

8 to prove work authorization, either through the EASI 

9 Check system or otherwise, following their expiration.’’. 

10 (b) TIMING OF ISSUANCE TO ALIENS.—Subclause (I) 

11 of section 205(c)(2)(B)(i) of the Social Security Act (42 

12 U.S.C. 405(c)(2)(B)(i)(I)) is amended to read as follows: 

13 ‘‘(I) to aliens at the time of their lawful admis14 sion to the United States for or adjustment of status 

15 to— 

16 ‘‘(aa) permanent residence; or 

17 ‘‘(bb) temporary or other short-term resi18 dence in a category that permits them to en19 gage in employment in the United States, ex20 cept that these aliens shall be issued the social 

21 security cards described in the second sentence 

22 of subparagraph (G);’’. 
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1 SEC. 224. MANDATORY NOTIFICATION OF SOCIAL SECURITY 

2 ACCOUNT NUMBER MISMATCHES AND MUL3 TIPLE USES. 

4 (a) NOTIFICATION OF MISMATCHED NAME AND SO5 CIAL SECURITY ACCOUNT NUMBER.—The Commissioner 

6 of Social Security shall notify on an annual basis each 

7 United States employer with one or more employees whose 

8 social security account number does not match the em9 ployee’s name or date of birth in the Commissioner’s 

10 records. Such notification shall instruct employers to no11 tify listed employees that they have 10 business days to 

12 correct the mismatch with the Social Security Administra13 tion or the employer will be required to terminate their 

14 employment. The notification also shall inform employers 

15 that they may not terminate listed employees prior to the 

16 close of the 10-day period. 

17 (b) NOTIFICATION OF MULTIPLE USES OF INDI18 VIDUAL SOCIAL SECURITY ACCOUNT NUMBERS.—Prior to 

19 crediting any individual with concurrent earnings from 

20 more than one employer, the Commissioner of Social Secu21 rity shall notify the individual that earnings from two or 

22 more employers are being reported under the individual’s 

23 social security account number. Such notice shall include, 

24 at a minimum, the name and location of each employer 

25 and shall direct the individual to contact the Social Secu26 rity Administration to present proof that the individual 
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1 is the person to whom the social security account number 

2 was issued and, if applicable, to present a pay stub or 

3 other documentation showing that such individual is em4 ployed by both or all employers reporting earnings to that 

5 social security account number. 

6 SEC. 225. NO SOCIAL SECURITY CREDIT FOR WORK PER7 FORMED WHILE UNLAWFULLY PRESENT. 

8 Sections 214(c)(1) and 223(a)(1)(C)(i) of the Social 

9 Security Act (42 U.S.C. 414(c)(1), 423(a)(1)(C)(i)), as 

10 added by section 211 of the Social Security Protection Act 

11 of 2004 (Public Law 108–203), are each amended by 

12 striking ‘‘at the time of assignment, or at any later time’’ 

13 and inserting ‘‘at the time any such quarters of coverage 

14 are earned’’. 

15 SEC. 226. REDUCING INDIVIDUAL TAXPAYER IDENTIFICA16 TION NUMBER ABUSE. 

17 (a) MODIFIED IT IN FORMAT AND LAWFUL PRES18 ENCE REQUIREMENT.—

19 (1) IN GENERAL.—Section 6109(c) of the Inter20 nal Revenue Code of 1986 is amended to read as fol21 lows: 

22 ‘‘(c) REQUIREMENT OF INFORMATION.—

23 ‘‘(1) IN GENERAL.—For purposes of this sec24 tion, the Secretary is authorized to require such in-
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1 formation as may be necessary to assign an identi2 fying number of any person. 

3 ‘‘(2) SEPARATE FROM SOCIAL SECURITY AC4 COUNT NUMBERS.—Any identifying number assigned 

5 by the Secretary shall be comprised of a sequence of 

6 numerals and dashes that is visually distinguishable 

7 from and will not be mistaken for a social security 

8 account number. 

9 ‘‘(3) VERIFICATION OF STATUS FOR ALIENS.—

10 Prior to issuing any identifying number, the Sec11 retary shall verify with the Department of Homeland 

12 Security that the applicant for such number is law13 fully present in the United States.’’. 

14 (2) EFFECTIVE DATE.—Section 6109(c)(2) of 

15 the Internal Revenue Code of 1986, as added by 

16 paragraph (1), shall take effect no later than 30 

17 days after the date of enactment of this Act. 

18 (b) INFORMATION SHARING.—

19 (1) IN GENERAL.—Section 6103(i)(3) of the In20 ternal Revenue Code of 1986 is amended by adding 

21 at the end the following new subparagraph: 

22 ‘‘(D) POSSIBLE VIOLATIONS OF FEDERAL

23 IMMIGRATION LAW.—The Secretary shall dis24 close in electronic format to the Secretary of 

25 Homeland Security the taxpayer identity (as de-
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1 fined in subsection (b)(6)) of each taxpayer who 

2 has been assigned an individual taxpayer identi3 fication number. The Secretary of Homeland 

4 Security may disclose such information to offi5 cers and employees of the Department to the 

6 extent necessary to enforce Federal immigration 

7 laws.’’

8 (2) EFFECTIVE DATE.—The Secretary of the 

9 Treasury shall disclose information under the 

10 amendment made by paragraph (1) not later than 

11 60 days after the date of the enactment of this Act. 

12 SEC. 227. LIMITED ELIGIBILITY FOR TAX CREDITS AND RE13 FUNDS. 

14 Notwithstanding any other provision of law, an indi15 vidual who submits to the Internal Revenue Service an in16 come tax return that relies on an individual taxpayer iden17 tification number in lieu of a social security account num18 ber shall not be eligible for any tax credit or refund, in19 cluding the earned income tax credit under section 32 of 

20 the Internal Revenue Code of 1986. 

21 SEC. 228. PENALTY FOR FAILURE TO FILE CORRECT INFOR22 MATION RETURNS. 

23 (a) MOST EGREGIOUS NONCOMPLIANT EMPLOY24 ERS.—Section 6721 of the Internal Revenue Code is 

25 amended—
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1 (1) by striking subsections (b), (c), and (d); 

2 (2) by redesignating subsection (e) as sub3 section (b); and 

4 (3) by adding at the end the following new sub5 section: 

6 ‘‘(c) PENALTY FOR EGREGIOUS NONCOMPLIANCE

7 EMPLOYERS.—The Secretary shall assess the maximum 

8 allowable penalties on each employer designated in any 

9 taxable year by the Social Security Administration as one 

10 of the most egregious non-compliant employers.’’. 

11 (b) STANDARD COMPLIANCE PROGRAM.—

12 (1) IN GENERAL.—No later than 60 days after 

13 the date of enactment of this Act, the Secretary of 

14 the Treasury, in consultation with the Commissioner 

15 of Social Security and the Secretary of Homeland 

16 Security, shall implement a regularly scheduled pro17 gram for proposing, assessing, and collecting pen18 alties from the filers of incorrect information returns 

19 under the Internal Revenue Code of 1986. 

20 (2) REPORT.—The Secretary of the Treasury 

21 shall report to Congress no later than 180 days after 

22 the date of enactment of this Act on the results of 

23 the program required in paragraph (1). Such report 

24 shall include at least the following: 
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1 (A) The total number of filers who sub2 mitted incorrect information returns. 

3 (B) The number of incorrect information 

4 returns submitted by such filers. 

5 (C) The total amount of penalties pro6 posed, assessed and collected through the pro7 gram. 

8 (D) The number of waivers granted to fil9 ers of incorrect information returns. 

10 SEC. 229. ADJUSTMENT OF STATUS. 

11 Section 245 of the Immigration and Nationality Act 

12 (8 U.S.C. 1255) is amended—

13 (1) by striking subsections (a) through (i) and 

14 subsection (k); 

15 (2) by redesignating subsection (j) as sub16 section (b); 

17 (3) in subsection (l)—

18 (A) in paragraph (1), by striking ‘‘, in the 

19 opinion of the Attorney General,’’; 

20 (B) in paragraph (1)(C)(ii), by striking ‘‘, 

21 or’’ and inserting ‘‘, and’’; 

22 (C) in paragraph (4), by striking ‘‘may 

23 waive’’ and all that follows and inserting ‘‘may 

24 waiver the application of paragraphs (1) and 

25 (4) of section 212(a)’’; 
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1 (D) in paragraph (5), by inserting before 

2 the period at the end the following: ‘‘and the 

3 Secretary of State shall reduce by one the num4 ber of visas authorized to be issued under sec5 tions 201(e) and 203(c) for the fiscal year then 

6 current’’; and 

7 (E) by redesignating subsection (l) as sub8 section (c); 

9 (4) in subsection (m)—

10 (A) by amending paragraph (1)(B) to read 

11 as follows: 

12 ‘‘(B) the alien would suffer extreme hard13 ship if removed from the United States.’’; 

14 (B) in paragraph (4), by inserting before 

15 the period at the end the following: ‘‘and the 

16 Secretary of State shall reduce by one the num17 ber of visas authorized to be issued under sec18 tions 201(c) and 203(a)(4) for the fiscal year 

19 then current’’; and 

20 (C) by redesignating subsection (m) as 

21 subsection (d); 

22 (5) by striking ‘‘Attorney General’’ each place 

23 it appears and inserting ‘‘Secretary of Homeland Se24 curity’’; and 
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1 (6) by inserting before subsection (b) (as so re2 designated) the following: 

3 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se4 curity may not adjust the status of any alien to that of 

5 an alien lawfully admitted for permanent residence except 

6 as authorized by subsections (b), (c), and (d) of this sec7 tion and by section 209.’’. 

8 SEC. 230. REVOCATION OF TEMPORARY STATUS. 

9 (a) TERMINATION OF ASYLUM.—Section 208(c)(2) of 

10 the Immigration and Nationality Act (8 U.S.C. 

11 1158(c)(2)) is amended by striking ‘‘may be terminated 

12 if the Attorney General’’ and inserting ‘‘shall be termi13 nated if the Secretary of Homeland Security’’. 

14 (b) ALIENS ELIGIBLE FOR TEMPORARY PROTECTED

15 STATUS.—Section 244(c) of such Act (8 U.S.C. 1254a(c)) 

16 is amended—

17 (1) in paragraph (3)(B)—

18 (A) by striking ‘‘except as provided in 

19 paragraph (4) and permitted in subsection 

20 (f)(3),’’; and 

21 (B) by inserting before the comma at the 

22 end the following: ‘‘, except where a brief trip 

23 abroad is required by emergency and is author24 ized prior to the alien’s travel by the Secretary 

25 of Homeland Security or is due to extenuating 
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1 circumstances outside the control of the alien’’; 

2 and 

3 (2) by striking paragraph (4) and redesignating 

4 paragraphs (5) and (6) as paragraphs (4) and (5), 

5 respectively. 

6 (c) BENEFITS AND STATUS DURING PERIOD OF

7 TEMPORARY PROTECTED STATUS.—Section 244(f) of 

8 such Act (8 U.S.C. 1254a(f)) is amended—

9 (1) by adding ‘‘and’’ at the end of paragraph 

10 (2); 

11 (2) by striking paragraph (3); and 

12 (3) by redesignating paragraph (4) as para13 graph (3). 

14 SEC. 231. REPEAL OF AMNESTY PROVISION. 

15 (a) IN GENERAL.—Section 249 of the Immigration 

16 and Nationality Act (8 U.S.C. 1259) is repealed. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 for the Immigration and Nationality Act is amended by 

19 striking the item relating to section 249. 

20 SEC. 232. PENALTIES FOR VIOLATIONS OF FEDERAL IMMI21 GRATION LAWS BY STATES AND LOCALITIES. 

22 (a) PREFERENTIAL TREATMENT OF ALIENS NOT

23 LAWFULLY PRESENT FOR HIGHER EDUCATION BENE24 FITS.—Section 505 of the Illegal Immigration Reform and 
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1 Immigrant Responsibility Act of 1996 (Pub. Law 104–

2 208) is amended—

3 (1) in subsection (a), by inserting ‘‘or gradua4 tion from a high school in the United States’’ after 

5 ‘‘on the basis of residence’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(c) ANNUAL REPORT.—The Attorney General shall 

8 report annually to Congress on which, if any, post-sec9 ondary educational institutions are providing benefits in 

10 contravention of this section. 

11 ‘‘(d) LIMITATION ON FEDERAL FINANCIAL ASSIST12 ANCE.—No Federal agency shall provide any grant, reim13 bursement, or other financial assistance to any post-sec14 ondary educational institution determined under sub15 section (c) to be providing benefits in contravention of this 

16 section. Any funds withheld under this subsection shall be 

17 reallocated among qualifying educational institutions that 

18 are in compliance with subsection (a).’’. 

19 (b) NON-COOPERATION BY STATES AND LOCAL20 ITIES.—Section 241(i) of the Immigration and Nationality 

21 Act (8 U.S.C. 1231(i)) is amended by adding at the end 

22 the following: 

23 ‘‘(7) Prior to entering into a contractual ar24 rangement with a State or political subdivision 

25 under paragraph (1), the Attorney General shall de-
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1 termine whether such State or political subdivision 

2 has in place any formal or informal policy that vio3 lates section 642 of the Illegal Immigration Reform 

4 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

5 1373). The Attorney General shall not enter into a 

6 contractual arrangement with, or allocate any of the 

7 funds made available under this section to, any 

8 State or political subdivision with a policy that vio9 lates such section.’’. 

10 SEC. 233. CLARIFICATION OF INHERENT AUTHORITY OF 

11 STATE AND LOCAL LAW ENFORCEMENT. 

12 Notwithstanding any other provision of law and re13 affirming the existing inherent authority of States, law en14 forcement personnel of a State or a political subdivision 

15 of a State have the inherent authority of a sovereign entity 

16 to apprehend, arrest, detain, or transfer to Federal cus17 tody aliens in the United States (including the transpor18 tation of such aliens across State lines to detention cen19 ters), in the enforcement of the immigration laws of the 

20 United States. This State authority has never been dis21 placed or preempted by Congress. 
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1 SEC. 234. USICE RESPONSE TO REQUESTS FOR ASSISTANCE 

2 FROM STATE AND LOCAL LAW ENFORCE3 MENT. 

4 (a) IN GENERAL.—Title II of the Immigration and 

5 Nationality Act (8 U.S.C. 1151 et seq.) is amended by 

6 inserting after section 240C the following new section: 

7 ‘‘CUSTODY OF ILLEGAL ALIENS

8 ‘‘SEC. 240D. (a) If the chief executive officer of a 

9 State (or, if appropriate, a political subdivision of the 

10 State) exercising authority with respect to the apprehen11 sion of an illegal alien submits a request to the Secretary 

12 of Homeland Security that the alien be taken into Federal 

13 custody, the Secretary of Homeland Security—

14 ‘‘(1) shall—

15 ‘‘(A) not later than 48 hours after the con16 clusion of the State charging process or dis17 missal process, or if no State charging or dis18 missal process is required, not later than 48 

19 hours after the illegal alien is apprehended, 

20 take the illegal alien into the custody of the 

21 Federal Government and incarcerate the alien; 

22 or 

23 ‘‘(B) request that the relevant State or 

24 local law enforcement agency temporarily incar25 cerate or transport the illegal alien for transfer 

26 to Federal custody; and 
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1 ‘‘(2) shall designate a Federal, State, or local 

2 prison or jail or a private contracted prison or deten3 tion facility within each State as the central facility 

4 for that State to transfer custody of the criminal or 

5 illegal aliens to the Department of Homeland Secu6 rity. 

7 ‘‘(b) The Department of Homeland Security shall re8 imburse States and localities for all reasonable expenses, 

9 as determined by the Secretary of Homeland Security, in10 curred by a State or locality in the incarceration and 

11 transportation of an illegal alien as described in subpara12 graphs (A) and (B) of subsection (a)(1). Compensation 

13 provided for costs incurred under such subparagraphs 

14 shall be the average cost of incarceration of a prisoner 

15 in the relevant State, as determined by the chief executive 

16 officer of a State (or, as appropriate, a political subdivi17 sion of the State) plus the cost of transporting the crimi18 nal or illegal alien from the point of apprehension, to the 

19 place of detention, and to the custody transfer point if 

20 the place of detention and place of custody are different. 

21 ‘‘(c) The Secretary of Homeland Security shall en22 sure that illegal aliens incarcerated in Federal facilities 

23 pursuant to this section are held in facilities which provide 

24 an appropriate level of security. 
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1 ‘‘(d)(1) In carrying out this section, the Secretary of 

2 Homeland Security may establish a regular circuit and 

3 schedule for the prompt transfer of apprehended illegal 

4 aliens from the custody of States and political subdivisions 

5 of States to Federal custody. 

6 ‘‘(2) The Secretary of Homeland Security may enter 

7 into contracts with appropriate State and local law en8 forcement and detention officials to implement this sec9 tion. 

10 ‘‘(e) For purposes of this section, the term ‘illegal 

11 alien’ means an alien who—

12 ‘‘(1) entered the United States without inspec13 tion or at any time or place other than that des14 ignated by the Secretary of Homeland Security; 

15 ‘‘(2) was admitted as a nonimmigrant and who, 

16 at the time the alien was taken into custody by the 

17 State or a political subdivision of the State, had 

18 failed to—

19 ‘‘(A) maintain the nonimmigrant status in 

20 which the alien was admitted or to which it was 

21 changed under section 248; or 

22 ‘‘(B) comply with the conditions of any 

23 such status; 
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1 ‘‘(3) was admitted as an immigrant and has 

2 subsequently failed to comply with the requirements 

3 of that status; or 

4 ‘‘(4) failed to depart the United States under a 

5 voluntary departure agreement or under a final 

6 order of removal.’’. 

7 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

8 DETENTION AND TRANSPORTATION TO FEDERAL CUS9 TODY OF ALIENS NOT LAWFULLY PRESENT.—There is 

10 authorized to be appropriated $500,000,000 for the deten11 tion and removal of aliens not lawfully present in the 

12 United States under the Immigration and Nationality Act 

13 (8 U.S.C. 1101 et seq.) for fiscal year 2006 and each sub14 sequent fiscal year. 

15 SEC. 235. BASIC IMMIGRATION ENFORCEMENT TRAINING 

16 FOR STATE, LOCAL, AND TRIBAL LAW EN17 FORCEMENT OFFICERS. 

18 (a) DEMONSTRATION PROJECT.—

19 (1) IN GENERAL.—Cameron University, located 

20 in Lawton, Oklahoma, shall establish and implement 

21 a demonstration project (in this section referred to 

22 as the ‘‘demonstration project’’) to assess the feasi23 bility of establishing a nationwide e-learning training 

24 course, covering basic immigration law enforcement 

25 issues, to be used by State, local, and tribal law en-
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1 forcement officers in order to improve and enhance 

2 their ability, during their routine course of duties, to 

3 assist Federal immigration officers in the enforce4 ment of Federal immigration laws. 

5 (2) PROJECT DIRECTOR RESPONSIBILITIES.— 

6 The Project Director charged with establishing and 

7 implementing the demonstration project shall do the 

8 following: 

9 (A) The Project Director shall develop an 

10 on-line, e-learning website to provide State, 

11 local, and tribal law enforcement officers access 

12 to the e-learning training course. Such website 

13 shall—

14 (i) have the capability to enroll offi15 cers in the e-learning training course, 

16 record officers’ performance on the course, 

17 and track officers’ proficiency in learning 

18 the course’s concepts; 

19 (ii) ensure a high level of security; 

20 and 

21 (iii) encrypt personal and sensitive in22 formation. 

23 (B) The Project Director shall develop an 

24 e-learning training course, which entails no 

25 more than four hours of training, is accessible 
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1 through the on-line, e-learning website under 

2 subparagraph (A), and covers both the basic 

3 principles and practices of immigration law and 

4 the policies that relate to the enforcement of 

5 immigration laws. The e-learning training 

6 course shall—

7 (i) include, but not be limited to, in8 struction about employment-based and 

9 family-based immigration, the various 

10 types of nonimmigrant visas, the dif11 ferences between immigrant and non12 immigrant status, the differences between 

13 lawful and unlawful presence, the criminal 

14 and civil consequences of unlawful pres15 ence, the various grounds for removal, the 

16 types of false identification that illegal and 

17 criminal aliens commonly use, the common 

18 methods of alien smuggling and groups 

19 that commonly participate in alien smug20 gling rings, the inherent legal authority of 

21 local law enforcement officers to enforce 

22 federal immigration laws, and detention 

23 and removal procedures, including expedi24 tious removal; and 
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1 (ii) incorporate content similar to that 

2 covered in the four-hour training course 

3 the Immigration and Naturalization Serv4 ice provided to all Alabama State Troopers 

5 in 2003 (in addition to, and separate from, 

6 the training given pursuant to the State’s 

7 section 287(g) agreement). 

8 (C) The Project Director shall assess the 

9 feasibility of expanding to State, local, and trib10 al law enforcement agencies throughout the na11 tion the on-line, e-learning website, including 

12 the e-learning training course, by using on-line 

13 technology. 

14 (b) PERIOD OF PROJECT.—The Project Director 

15 shall carry out the demonstration project for a one-year 

16 period beginning 90 days after the date of the enactment 

17 of this Act. 

18 (c) LOCATION OF PROJECT.—

19 (1) STATES COVERED.—The Project Director 

20 shall carry out the demonstration project by enroll21 ing in the e-learning training course State, local, and 

22 tribal law enforcement officers from Alabama, Colo23 rado, Florida, Oklahoma, and Texas, and from at 

24 least one, but not more than three, other additional 

25 States. 
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1 (2) NUMBER OF OFFICERS.—A total of 100,000 

2 officers shall have access to, enroll in, and complete 

3 the e-learning training course provided under the 

4 demonstration project. 

5 (3) APPORTIONMENT.—The number of officers 

6 who are selected to participate in the demonstration 

7 project shall be apportioned according to the State 

8 populations of the participating States. 

9 (4) SELECTION.—Participation in the dem10 onstration project shall— 

11 (A) be equally apportioned between State, 

12 county, and municipal law enforcement agency 

13 officers; 

14 (B) include, when practicable, a significant 

15 subset of tribal law enforcement officers; and 

16 (C) include officers from urban, rural, and 

17 highly rural areas. 

18 (5) LIMITATION ON PARTICIPATION.—Officers 

19 shall be ineligible to participate in the demonstration 

20 project if they are employed by a State, local, or 

21 tribal law enforcement agency that has in effect a 

22 statute, policy, or practice that prohibits its law en23 forcement officers from cooperating with Federal im24 migration enforcement agents (or if the State, local, 

25 or tribal law enforcement agency is otherwise in con-
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1 travention of section 642(a) of the Illegal Immigra2 tion Reform and Immigrant Responsibility Act of 

3 1996 (8 U.S.C. 1373(a)). 

4 (d) DEMONSTRATION PROJECT REQUIREMENTS.—

5 (1) The e-learning training course provided under the 

6 demonstration project shall be accessible through the se7 cure, encrypted on-line, e-learning website, within 90 days 

8 of the date of the enactment of this Act, and recruitment 

9 of participants shall begin immediately, and occur concur10 rently, with the e-learning training course’s establishment 

11 and implementation. 

12 (2) The law enforcement officers selected to partici13 pate in the e-learning training course provided under the 

14 demonstration project shall undergo standard vetting pro15 cedures, pursuant to the Federal Law Enforcement Train16 ing Center Distributed Learning Program, to ensure that 

17 each individual is a bona fide law enforcement officer. 

18 (3) The law enforcement officers selected to partici19 pate in the e-learning training course provided under the 

20 demonstration project shall be granted continuous access, 

21 throughout the demonstration project’s one-year period, to 

22 on-line course material and to other training and reference 

23 resources accessible through the on-line, e-learning 

24 website. 

25 (e) REPORT.—
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1 (1) IN GENERAL.—Not later than the end of 

2 the one-year period described in subsection (b), the 

3 Project Director shall transmit to the Committees on 

4 the Judiciary and on Homeland Security of the Sen5 ate and the House of Representatives a report about 

6 the e-learning training course completed by State, 

7 local, and tribal law enforcement officers through 

8 the demonstration project. 

9 (2) MATTERS TO BE INCLUDED.—The report 

10 under paragraph (1) shall include the following: 

11 (A) An estimate of the cost savings real12 ized by offering training through the e-learning 

13 training course as opposed to offering similar 

14 training through the residential classroom 

15 method. 

16 (B) An estimate of the difference between 

17 the 100,000 law enforcement officers who re18 ceived training through the e-learning training 

19 course and the number of law enforcement offi20 cers who could have received training through 

21 the residential classroom method in the same 

22 one-year period. 

23 (C) The effectiveness of the e-learning 

24 training course with respect to student-officer 

25 performance. 
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1 (D) The convenience accorded to student2 officers with respect to their ability to access 

3 the e-learning training course at their own con4 venience and to return to the on-line, e-learning 

5 website for refresher training and reference. 

6 (E) The ability of the on-line, e-learning 

7 website to safeguard the student officers’ pri8 vate and personal information while providing 

9 supervisors with appropriate information about 

10 student performance and course completion. 

11 (f) EXPANSION OF PROGRAM.—

12 (1) IN GENERAL.—Following the completion of 

13 the demonstration project, the Department of Home14 land Security shall continue to make available the 

15 on-line, e-learning website and the e-learning train16 ing course, enroll in the e-learning training course 

17 100,000 new State, local, and tribal law enforcement 

18 officers annually, and consult with Congress regard19 ing the addition, substitution, or removal of partici20 pating States. 

21 (2) LIMITATION ON PARTICIPATION.—Officers 

22 shall be ineligible to participate in the expansion of 

23 this program if they are employed by a State, local, 

24 or tribal law enforcement agency that has in effect 

25 a statute, policy, or practice that prohibits its law 
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1 enforcement officers from cooperating with Federal 

2 immigration enforcement agents (or if the State, 

3 local, or tribal law enforcement agency is otherwise 

4 in contravention of section 642(a) of the Illegal Im5 migration Reform and Immigrant Responsibility Act 

6 of 1996 (8 U.S.C. 1373(a)). 

7 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated $3,000,000 in fiscal 

9 year 2006 to carry out this section. Funds appropriated 

10 under this subsection shall remain available until ex11 pended. There are authorized to be appropriated in each 

12 subsequent fiscal year such sums as are necessary to con13 tinue to operate, promote, and recruit participants for the 

14 demonstration project and expansion program under this 

15 section. 

16 TITLE III—REVISION OF FED17 ERAL REIMBURSEMENT OF 

18 EMERGENCY HEALTH CARE 

19 SERVICES FURNISHED TO IL20 LEGAL ALIENS 

21 SEC. 301. REVISION OF FEDERAL REIMBURSEMENT OF 

22 EMERGENCY HEALTH CARE SERVICES FUR23 NISHED TO ILLEGAL ALIENS. 

24 (a) ELIMINATION OF FUNDING LIMITATIONS; EX25 TENSION OF APPROPRIATIONS THROUGH FISCAL YEAR
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1 2011.—Subsection (a) of section 1011 of the Medicare 

2 Prescription Drug, Improvement, and Modernization Act 

3 of 2003 (Public Law 108–173) is amended—

4 (1) by striking ‘‘for each of fiscal years 2005 

5 through 2008’’ and inserting ‘‘for fiscal year 2005’’; 

6 and 

7 (2) by adding at the end the following: ‘‘Out of 

8 any funds in the Treasury not otherwise appro9 priated, there are appropriated to the Secretary for 

10 each of fiscal years 2006 through 2011 such sums 

11 as may be necessary for the purpose of payments to 

12 eligible providers.’’. 

13 (b) ELIMINATION OF STATE ALLOTMENTS.—Such 

14 section is further amended—

15 (1) in subsection (b), by adding at the end the 

16 following new paragraph: 

17 ‘‘(3) LIMITATION TO FISCAL YEAR 2005.—The 

18 preceding provisions of this subsection shall only 

19 apply to fiscal year 2005.’’; 

20 (2) by amending subsection (c)(1) to read as 

21 follows: 

22 ‘‘(1) AUTHORITY TO MAKE PAYMENTS.—The 

23 Secretary shall pay directly to eligible providers lo24 cated in a State for the provision of eligible services 

25 to aliens described in paragraph (5) the amount de-
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1 scribed in paragraph (2) to the extent that the eligi2 ble provider was not otherwise reimbursed (through 

3 insurance or otherwise) for such services.’’; 

4 (3) in subsection (c)(2)(B), by striking ‘‘If the 

5 amount’’ and inserting ‘‘For fiscal year 2005, if the 

6 amount’’; and 

7 (4) in subsection (c)(4), by striking ‘‘in a State 

8 from allotments made under subsection (b) for a fis9 cal year’’. 

10 (c) REQUIREMENT FOR PROVISION OF INFORMATION

11 FOR HOSPITAL QUALIFICATIONS FOR FUNDING.—Sub12 section (c) of such section is amended by adding at the 

13 end the following new paragraph: 

14 ‘‘(6) REQUIREMENT FOR PAYMENT.—Be15 ginning with fiscal year 2006, payment shall 

16 not be made under this section to an eligible 

17 provider with respect to services furnished to an 

18 alien described in paragraph (5) unless the pro19 vider obtains the citizenship information about 

20 the alien, and transmits such information and 

21 all other non-clinical information concerning the 

22 alien to Immigration and Customs Enforce23 ment, not later than 72 hours after the time of 

24 discharge of the alien from the provider.’’. 
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1 (d) ELIMINATION OF COVERAGE OF MEXICANS WITH

2 BORDER CROSSING CARDS.—Subsection (c)(5) of such 

3 section is amended by striking subparagraph (C). 

4 (e) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply beginning with fiscal year 2006.

Æ