I 

108TH CONGRESS 

1ST SESSION H. R. 3534

To enhance border enforcement, improve homeland security, remove incentives 

for illegal immigration, and establish a guest worker program. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2003

Mr. TANCREDO (for himself, Mr. DEAL of Georgia, Mr. DUNCAN, Mr. 

HEFLEY, and Mr. HERGER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Government Reform, Education and the Workforce, and International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL

To enhance border enforcement, improve homeland security, 

remove incentives for illegal immigration, and establish 

a guest worker program.

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. 

4 This Act may be cited as the ‘‘Border Enforcement 

5 and Revolving Employment to Assist Laborers Act of 

6 2003’’ or the ‘‘BE REAL Act of 2003’’. 
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1 TITLE I—BORDER 

2 ENFORCEMENT 

3 Subtitle A—Improving Homeland 

4 Security 

5 SEC. 101. SENSE OF CONGRESS REGARDING USE OF MILI6 TARY TO GUARD LAND BORDERS OF THE 

7 UNITED STATES. 

8 It is the sense of Congress that the President should 

9 deploy United States military troops to perform support 

10 functions along the southern and northern United States 

11 land borders until such time as additional Border Patrol 

12 agents authorized under this Act are hired and deployed. 

13 SEC. 102. USE OF ARMY AND AIR FORCE TO SECURE THE 

14 BORDER. 

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

16 amended by inserting after ‘‘execute the laws’’ the fol17 lowing: ‘‘other than at or near a border of the United 

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

19 smugglers from entering the United States’’. 

20 SEC. 103. INCREASE IN FULL-TIME BORDER PATROL 

21 AGENTS. 

22 Subject to the availability of appropriations, the Sec23 retary of Homeland Security shall increase the number of 

24 full-time Border Patrol agents to 20,000 by fiscal year 

25 2008. There are authorized to be appropriated such sums 
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1 as may be necessary for additional resources for support 

2 personnel and equipment for the activities of the new Bor3 der Patrol personnel. 

4 SEC. 104. INCREASE IN FULL-TIME BCBP IMMIGRATION IN5 SPECTORS. 

6 Subject to the availability of appropriations, the Sec7 retary of Homeland Security shall increase by 2,000 the 

8 number of full-time Bureau of Customs and Border Pro9 tection immigration inspectors by the end of fiscal year 

10 2006. There are authorized to be appropriated such sums 

11 as may be necessary for such additional resources for sup12 port personnel and equipment for inspections as may be 

13 necessary to implement such increase in inspectors. 

14 SEC. 105. INCREASE IN FULL-TIME 1811-SERIES BICE SPE15 CIAL AGENTS. 

16 Subject to the availability of appropriations, the Sec17 retary of Homeland Security shall increase the number of 

18 full-time 1811-series Bureau of Immigration and Customs 

19 Enforcement special agents devoted to the immigration 

20 function to 4,500 by the end of the fiscal year 2006. There 

21 are authorized to be appropriated such sums as may be 

22 necessary for such additional resources for support per23 sonnel, training, equipment, and case funds for investiga24 tions as may be necessary to implement such increase in 

25 the number of special agents. 
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1 SEC. 106. INCREASE IN FULL-TIME DETENTION AND RE2 MOVAL OFFICERS. 

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

5 number of full-time detention and removal officers by the 

6 end of the fiscal year 2006. There are authorized to be 

7 appropriated such sums as may be necessary for addi8 tional resources for support personnel and equipment for 

9 removals to implement such increase in personnel. 

10 SEC. 107. FUNCTIONS OF DETENTION AND REMOVAL OFFI11 CERS. 

12 Notwithstanding any other provision of law, detention 

13 and removal officers of the Department of Homeland Se14 curity at the GS–9 and GS–11 levels are authorized to 

15 perform interior patrol functions, including locating, de16 taining, and transporting alien who have overstayed their 

17 visas, alien absconders, and aliens apprehended by state 

18 or local authorities. 

19 SEC. 108. SUSPENSION OF VISA WAIVER PROGRAM. 

20 Notwithstanding any other provision of law, the visa 

21 waiver program for certain visitors established under sec22 tion 217 of the Immigration and Nationality Act shall be 

23 suspended until the Secretary of Homeland Security deter24 mines and certifies to the Congress that—

25 (1) the automated entry-exit system authorized 

26 under section 110 of the Illegal Immigration Reform 
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1 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

2 1221 note) is fully implemented and functional, 

3 (2) all United States ports of entry have func4 tional biometric machine readers, 

5 (3) all countries which participate in the visa 

6 waiver program under section 217 of the Immigra7 tion and Nationality Act issue to nationals of such 

8 countries machine-readable biometric passports. 

9 SEC. 109. CIVIL AND CRIMINAL PENALTIES FOR NON10 IMMIGRANT VISA OVERSTAYS. 

11 (a) IN GENERAL.—The Immigration and Nationality 

12 Act is amended by inserting after section 275 the following 

13 new section: 

14 ‘‘CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE IN

15 THE UNITED STATES

16 ‘‘SEC. 275A. Any alien who fails to depart the United 

17 States within 30 days after the expiration of a non18 immigrant visa and is not in other lawful status under 

19 this Act shall be fined under title 18, United States Code, 

20 imprisoned not more than one year, or both.’’. 

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

22 for the Immigration and Nationality Act is amended by 

23 inserting after the item relating to section 275 the fol24 lowing:

‘‘Sec. 275A. Criminal penalties for unlawful presence in the United States.’’.
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1 SEC. 110. CIVIL AND CRIMINAL PENALTIES FOR DOCU2 MENTS FRAUD AND FALSE CLAIMS OF CITI3 ZENSHIP. 

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’’; 

24 (D) in paragraph (4), by striking ‘‘25 

25 years’’ and inserting ‘‘30 years’’; and 
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1 (E) in paragraph (6), by striking ‘‘one 

2 year’’ and inserting ‘‘two years’’. 

3 SEC. 111. INCREASE IN CAPACITY OF DETENTION FACILI4 TIES. 

5 Subject to the availability of appropriations, the Sec6 retary of Homeland Security is authorized to double by 

7 the end of the fiscal year 2006 the capacity of facilities 

8 that were available at the end of the fiscal year 2001 for 

9 the detention of aliens under the immigration laws of the 

10 United States. 

11 SEC. 112. SECURE AND VERIFIABLE IDENTIFICATION RE12 QUIRED FOR FEDERAL PUBLIC BENEFITS. 

13 In the provision in the United States of a Federal 

14 public benefit or service, including a law enforcement serv15 ice, that requires the recipient to produce identification, 

16 no Federal agency, commission, or other entity within the 

17 executive, legislative, or judicial branch of the Federal 

18 Government may accept, recognize, or rely on (or author19 ize the acceptance or recognition of, or the reliance on) 

20 any identification document, unless the document was 

21 issued by a Federal or State authority and is subject to 

22 verification by a Federal law enforcement, intelligence, or 

23 homeland security agency. 
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1 SEC. 113. REQUIREMENT OF UNITED STATES CITIZENSHIP 

2 FOR CERTAIN FEDERAL EMPLOYEES AND 

3 THE PRACTICE OF IMMIGRATION LAW IN THE 

4 UNITED STATES. 

5 (a) POSITIONS IN THE DEPARTMENT OF HOMELAND

6 SECURITY.—Notwithstanding any other provision of law, 

7 employees of the Department of Homeland Security in po8 sitions in the Bureau of Customs and Border Protection, 

9 the Bureau of Immigration and Customs Enforcement, 

10 and the Bureau of Citizenship and Immigration Services 

11 shall be citizens of the United States. 

12 (b) POSITIONS IN THE DEPARTMENT OF STATE.—

13 Notwithstanding any other provision of law, employees of 

14 the Department of State in positions in consular affairs 

15 offices shall be citizens of the United States. 

16 SEC. 114. FINGERPRINTING OF APPLICANTS FOR UNITED 

17 STATES PASSPORTS. 

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

19 (22 U.S.C. 213) is amended—

20 (1) by inserting ‘‘(a)’’ before ‘‘Before a pass21 port’’; 

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

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

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

25 2006 unless—
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1 ‘‘(1) the applicant has been fingerprinted elec2 tronically; and 

3 ‘‘(2) the applicant’s fingerprints have been 

4 checked against the National Crime Information 

5 Center database of the Federal Bureau of Investiga6 tion.’’. 

7 SEC. 115. VISA TERM COMPLIANCE BONDS. 

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

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

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

11 suretyship undertaking entered into by an alien indi12 vidual seeking admission to the United States of 

13 America on a nonimmigrant visa whose performance 

14 is guaranteed by a bail agent. 

15 (2) SURETYSHIP UNDERTAKING.—The term 

16 ‘‘suretyship undertaking’’ means a written agree17 ment, executed by a bail agent, which binds all par18 ties to its certain terms and conditions and which 

19 provides obligations for the visa applicant while 

20 under the bond and penalties for forfeiture to ensure 

21 the obligations of the principal under the agreement. 

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

23 means any individual properly licensed, approved, 

24 and appointed by power of attorney to execute or 
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1 countersign bail bonds in connection with judicial 

2 proceedings and who receives a premium.

3 (4) SURETY.—The term ‘‘surety’’ means an en4 tity, as defined by, and that is in compliance with, 

5 sections 9304 through 9308 of title 31, United 

6 States Code, that agrees—

7 (A) to guarantee the performance, where 

8 appropriate, of the principal under a visa term 

9 compliance bond; 

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

11 a forfeiture; and 

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

13 of the bond for failure to perform. 

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 from 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.—The bond may be renewed—

17 (A) annually with payment of proper pre18 mium at the option of the bail agent or surety; 

19 and 

20 (B) provided there has been no breech of 

21 conditions, default, claim, or forfeiture of the 

22 bond. 

23 (4) CANCELLATION.—The bond shall be can24 celed and the surety and bail agent exonerated—

25 (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 of America for any reason with12 out permission of the Secretary of Homeland 

13 Security and 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 the bond, the 

25 surety or bail agent may surrender the prin-
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1 cipal, or the principal may surrender, to any 

2 Bureau of Immigration and Customs Enforce3 ment or Bureau of Customs and Border Protec4 tion 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 such Secretary; 

15 (iii) conceals himself or herself; 

16 (iv) fails to report to such Secretary 

17 as 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 such 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 Bureau of Immi14 gration and Customs Enforcement or Bu15 reau of Customs and Border Protection or 

16 any detention facility authorized to hold 

17 Federal 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 con11 ditions of the visa or the visa bond the 

12 Secretary of Homeland Security 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 such Secretary; and 

20 ‘‘(IV) mail notice to the bail 

21 agent and surety via certified mail re22 turn receipt at each of the addresses 

23 in the 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 116 of the 

7 Border Enforcement and Revolving Em8 ployment to Assist Laborers Act of 2003 

9 that the court issuing the warrant believes 

10 is crucial in locating the visa holder. 

11 ‘‘(iii) If the visa holder is later ar12 rested, detained, or otherwise located out13 side the United States and the outlying 

14 possessions of the United States (as de15 fined in section 101(a) of the Immigration 

16 and Nationality Act), such Secretary 

17 shall—

18 ‘‘(I) order that the bail agent and 

19 surety are completely exonerated, and 

20 the bond canceled and terminated; 

21 and 

22 ‘‘(II) if such Secretary has issued 

23 an order under clause (i), the surety 

24 may request, by written, properly filed 

25 motion, reinstatement of the bond. 
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1 This subclause may not be construed 

2 to prevent such Secretary from revok3 ing or resetting a higher bond. 

4 ‘‘(iv) The bail agent or surety must—

5 ‘‘(I) produce the visa bond hold6 er; or 

7 ‘‘(II)(aa) prove within 180 days 

8 that producing the bond holder was 

9 prevented—

10 ‘‘(aaa) by the bond holder’s 

11 illness or death; 

12 ‘‘(bbb) because the bond 

13 holder is detained in custody in 

14 any city, State, country, or polit15 ical subdivision thereof; 

16 ‘‘(ccc) because the bond 

17 holder has left the United States 

18 or 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 ‘‘(ddd) 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 subparagraph 

9 (A)(i)(IV), a portion of the face value of 

10 the bond shall be assessed as a penalty 

11 against the surety. 

12 ‘‘(vi) If compliance occurs more than 

13 60 days but no more than 90 days after 

14 the mailing of the notice, the amount as15 sessed shall be one-third of the face value 

16 of the bond. 

17 ‘‘(vii) If compliance occurs more than 

18 90 days, but no more than 180 days, after 

19 the mailing of the notice, the amount as20 sessed shall be two-thirds of the face value 

21 of the bond. 

22 ‘‘(viii) If compliance does not occur 

23 within 180 days after the mailing of the 

24 notice, the amount assessed shall be 100 

25 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) Such Secretary may waive the pen5 alty fees or extend the period for payment or 

6 both, 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 he or she 

19 may be found, who violates any of the 

20 terms and conditions of the visa or bond. 

21 ‘‘(ii) EXONERATION.—Upon satisfying 

22 any of the requirements of the bond, the 

23 surety shall be completely exonerated.
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1 ‘‘(iii) LIMITATION OF LIABILITY.—

2 The total liability on any undertaking shall 

3 not exceed the face amount of the bond.’’. 

4 SEC. 116. 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 his own 

12 recognizance unless an order of an immigration 

13 judge expressly finds that the alien is not a flight 

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

15 SEC. 117. DETENTION OF ALIENS DELIVERED BY BONDS16 MEN. 

17 (a) IN GENERAL.—Section 241(a) of the Immigra18 tion and Nationality Act (8 U.S.C. 1231(a)) is amended 

19 by adding at the end the following: 

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

21 BONDSMAN.—Notwithstanding any other provision 

22 of law, the Secretary of Homeland Security shall 

23 take into custody any alien subject to a final order 

24 of removal, and cancel any bond previously posted 

25 for the alien, if the alien is produced within the pre-
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1 scribed time limit by the obligor on the bond. The 

2 obligor on the bond shall be deemed to have substan3 tially performed all conditions imposed by the terms 

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

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

6 limit.’’. 

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

8 subsection (a) shall take effect on the date of the enact9 ment of this act and shall apply to all immigration bonds 

10 posted before, on, or after the date of the enactment of 

11 this Act. 

12 SEC. 118. SOCIAL SECURITY CARDS. 

13 (a) IMPROVEMENTS TO CARD.—

14 (1) IN GENERAL.—For purposes of carrying out 

15 section 274A of the Immigration and Nationality 

16 Act, the Commissioner of Social Security (in this 

17 section referred to as the ‘‘Commissioner’’) shall 

18 make such improvements to the physical design, 

19 technical specifications, and materials of the social 

20 security account number card as are necessary to 

21 ensure that it is a genuine official document and 

22 that it offers the best possible security against coun23 terfeiting, forgery, alteration, and misuse. 
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1 (2) PERFORMANCE STANDARDS.—In making 

2 the improvements required in paragraph (1), the 

3 Commissioner shall—

4 (A) make the card as secure against coun5 terfeiting as the 100 dollar Federal Reserve 

6 note, with a rate of counterfeit detection com7 parable to the 100 dollar Federal Reserve note; 

8 and 

9 (B) make the card as secure against fraud10 ulent use as a United States passport. 

11 (3) DEFINITION.—In this section, the term ‘‘se12 cured social security account number card’’ means a 

13 social security account number card issued in ac14 cordance with the requirements of this paragraph. 

15 (4) EFFECTIVE DATE.—All social security ac16 count number cards issued after January 1, 2005, 

17 whether new or replacement, shall be secured social 

18 security account number cards. 

19 SEC. 119. BIRTH CERTIFICATES. 

20 Subsection (a) of section 656 of the Illegal Immigra21 tion Reform and Immigrant Responsibility Act of 1996 

22 (5 U.S.C. 301 note) is amended to read as follows: 

23 ‘‘(a) BIRTH CERTIFICATES.—

24 ‘‘(1) LIMITATION ON ACCEPTANCE.—(A) No 

25 Federal agency, including but not limited to the So-
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1 cial Security Administration and the Department of 

2 State, and no State agency that issues driver’s li3 censes or identification documents, may accept for 

4 any official purpose a copy of a birth certificate, as 

5 defined in paragraph (5), unless it is issued by a 

6 State or local authorized custodian of record and it 

7 conforms to standards described in subparagraph 

8 (B). 

9 ‘‘(B) The standards described in this subpara10 graph are those set forth in regulations promulgated 

11 by the Federal agency designated by the President, 

12 after consultation with such other Federal agencies 

13 as the President shall designate and with State vital 

14 statistics offices, and shall—

15 ‘‘(i) include but not be limited to—

16 ‘‘(I) certification by the agency 

17 issuing the birth certificate; and 

18 ‘‘(II) use of safety paper, the seal of 

19 the issuing agency, and other features de20 signed to limit tampering, counterfeiting, 

21 and photocopying, or otherwise duplicating, 

22 for fraudulent purposes; 

23 ‘‘(ii) not require a single design to which 

24 the official birth certificate copies issued by 

25 each State must conform; and 
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1 ‘‘(iii) accommodate the differences between 

2 the States in the manner and form in which 

3 birth records are stored and in how birth cer4 tificate copies are produced from such records. 

5 ‘‘(2) LIMITATION ON ISSUANCE.—(A) If one or 

6 more of the conditions described in subparagraph 

7 (B) is present, no State or local government agency 

8 may issue an official copy of a birth certificate per9 taining to an individual unless the copy prominently 

10 notes that such individual is deceased. 

11 ‘‘(B) The conditions described in this subpara12 graph include— 

13 ‘‘(i) the presence on the original birth cer14 tificate of a notation that the individual is de15 ceased, or 

16 ‘‘(ii) actual knowledge by the issuing agen17 cy that the individual is deceased obtained 

18 through information provided by the Social Se19 curity Administration, by an interstate system 

20 of birth-death matching, or otherwise. 

21 ‘‘(3) GRANTS TO STATES.—(A)(i) The Sec22 retary of Health and Human Services, in consulta23 tion with other agencies designated by the President, 

24 shall establish a fund, administered through the Na25 tional Center for Health Statistics, to provide grants
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1 to the States to encourage them to develop the capa2 bility to match birth and death records, within each 

3 State and among the States, and to note the fact 

4 of death on the birth certificates of deceased per5 sons. In developing the capability described in the 

6 preceding sentence, States shall focus first on per7 sons who were born after 1950. 

8 ‘‘(ii) Such grants shall be provided in propor9 tion to population and in an amount needed to pro10 vide a substantial incentive for the States to develop 

11 such capability. 

12 ‘‘(B) The Secretary of Health and Human 

13 Services shall establish a fund, administered through 

14 the National Center for Health Statistics, to provide 

15 grants to the States for a project in each of 5 States 

16 to demonstrate the feasibility of a system by which 

17 each such State’s office of vital statistics would be 

18 provided, within 24 hours, sufficient information to 

19 establish the fact of death of every individual dying 

20 in such State. 

21 ‘‘(C) There are authorized to be appropriated to 

22 the Department of Health and Human Services such 

23 amounts as may be necessary to provide the grants 

24 described in subparagraphs (A) and (B). 
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1 ‘‘(4) REPORT.—(A) Not later than one year 

2 after the date of the enactment of this Act, the Sec3 retary of Health and Human Services shall submit 

4 a report to the Congress on ways to reduce the 

5 fraudulent obtaining and the fraudulent use of birth 

6 certificates, including any such use to obtain a social 

7 security account number or a State or Federal docu8 ment related to identification or immigration. 

9 ‘‘(B) Not later than one year after the date of 

10 enactment of this Act, the agency designated by the 

11 President in paragraph (1)(B) shall submit a report 

12 setting forth, and explaining, the regulations de13 scribed in such paragraph. 

14 ‘‘(C) There are authorized to be appropriated to 

15 the Department of Health and Human Services such 

16 amounts as may be necessary for the preparation of 

17 the report described in subparagraph (A). 

18 ‘‘(5) CERTIFICATE OF BIRTH.—As used in this 

19 section, the term ‘birth certificate’ means a certifi20 cate of birth of—

21 ‘‘(A) a person born in the United States, 

22 or 

23 ‘‘(B) a person born abroad who is a citizen 

24 or national of the United States at birth, whose 

25 birth is registered in the United States. 
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•HR 3534 IH 

1 ‘‘(6) EFFECTIVE DATES.—

2 ‘‘(A) Except as otherwise provided in sub3 paragraph (B) and in paragraph (4), this sub4 section shall take effect two years after the en5 actment of the Border Enforcement and Revolv6 ing Employment to Assist Laborers Act of 

7 2003. 

8 ‘‘(B) Paragraph (1)(A) shall take effect 

9 two years after the submission of the report de10 scribed in paragraph (4)(B).’’. 

11 Subtitle B—Removing the 

12 Incentives to Illegal Migration 

13 SEC. 141. EMPLOYMENT ELIGIBILITY VERIFICATION PROC14 ESS AND ELIMINATION OF EXAMINATION OF 

15 DOCUMENTATION REQUIREMENT. 

16 (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 

17 is amended—

18 (1) in subsection (a)(1)(A), by striking ‘‘for a 

19 fee’’; 

20 (2) in subsection (a)(3)—

21 (A) by inserting ‘‘(A)’’ after

22 ‘‘DEFENSE.—’’; and 

23 (B) by adding at the end the following: 

24 ‘‘(B) FAILURE TO SEEK AND OBTAIN

25 VERIFICATION.—In the case of a hiring of an indi-
28

•HR 3534 IH 

1 vidual for employment in the United States by a 

2 person or entity, the following requirements apply: 

3 ‘‘(i) FAILURE TO SEEK VERIFICATION.—

4 ‘‘(I) IN GENERAL.—If the person or 

5 entity has not made an inquiry, under the 

6 mechanism established under subsection 

7 (b)(4), seeking verification of the identity, 

8 social security number, and work eligibility 

9 of the individual, by not later than the end 

10 of 3 working days (as specified by the Sec11 retary of Homeland Security) after the 

12 date of the hiring, the defense under sub13 paragraph (A) shall not be considered to 

14 apply with respect to any employment after 

15 such 3 working days, except as provided in 

16 subclause (II). 

17 ‘‘(II) SPECIAL RULE FOR FAILURE OF

18 VERIFICATION MECHANISM.—If such a per19 son or entity in good faith attempts to 

20 make an inquiry during such 3 working 

21 days in order to qualify for the defense 

22 under subparagraph (A) and the 

23 verification mechanism has registered that 

24 not all inquiries were responded to during 

25 such time, the person or entity can make 
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•HR 3534 IH 

1 an inquiry until the end of the first subse2 quent working day in which the verification 

3 mechanism registers no nonresponses and 

4 qualify for such defense. 

5 ‘‘(ii) FAILURE TO OBTAIN

6 VERIFICATION.—If the person or entity has 

7 made the inquiry described in clause (i)(I) but 

8 has not received an appropriate verification of 

9 such identity, number, and work eligibility 

10 under such mechanism within the time period 

11 specified under subsection (b)(4)(B) after the 

12 time the verification inquiry was received, the 

13 defense under subparagraph (A) shall not be 

14 considered to apply with respect to any employ15 ment after the end of such time period.’’; 

16 (3) in subsection (b)(1)—

17 (A) by amending the paragraph heading to 

18 read as follows: 

19 ‘‘(1) ATTESTATION.—’’; and 

20 (B) by amending subparagraph (A) to read 

21 as follows: 

22 ‘‘(A) IN GENERAL.—The person or entity 

23 must attest, under penalty of perjury and on a 

24 form designated or established by the Secretary 

25 of Homeland Security by regulation, that it has
30

•HR 3534 IH 

1 verified that the individual is not an unauthor2 ized alien by obtaining from the individual the 

3 individual’s social security account number and 

4 recording the number on the form (if the indi5 vidual claims to have been issued such a num6 ber), and, if the individual does not attest to 

7 United States citizenship under paragraph (2), 

8 obtaining such identification or authorization 

9 number established by the Department of 

10 Homeland Security for the alien as the Sec11 retary may specify, and recording such number 

12 on the form.’’; 

13 (4) in subsection (b)(2), by adding at the end 

14 the following: ‘‘The individual must also provide that 

15 individual’s social security account number (if the 

16 individual claims to have been issued such a num17 ber), and, if the individual does not attest to United 

18 States citizenship under this paragraph, such identi19 fication or authorization number established by the 

20 Department of Homeland Security for the alien as 

21 the Secretary of Homeland Security may specify.’’; 

22 and 

23 (5) by amending subsection (b)(3) to read as 

24 follows: 
31

•HR 3534 IH 

1 ‘‘(3) RETENTION OF VERIFICATION FORM AND

2 VERIFICATION.—

3 ‘‘(A) IN GENERAL.—After completion of 

4 such form in accordance with paragraphs (1) 

5 and (2), the person or entity must—

6 ‘‘(i) retain the form and make it avail7 able for inspection by officers of the De8 partment of Homeland Security, the Spe9 cial Counsel for Immigration-Related Un10 fair Employment Practices, or the Depart11 ment of Labor during a period beginning 

12 on the date of the hiring, recruiting, or re13 ferral of the individual and ending—

14 ‘‘(I) in the case of the recruiting 

15 or referral for a fee (without hiring) 

16 of an individual, three years after the 

17 date of the recruiting or referral; and 

18 ‘‘(II) in the case of the hiring of 

19 an individual, the later of—

20 ‘‘(aa) three years after the 

21 date of such hiring; or 

22 ‘‘(bb) one year after the 

23 date the individual’s employment 

24 is terminated; and 
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•HR 3534 IH 

1 ‘‘(ii) make an inquiry, as provided in 

2 paragraph (4), using the verification sys3 tem to seek verification of the identity and 

4 employment eligibility of an individual, by 

5 not later than the end of 3 working days 

6 (as specified by the Secretary of Homeland 

7 Security) after the date of the hiring (or 

8 recruitment or referral, as the case may 

9 be). 

10 ‘‘(B) VERIFICATION.—

11 ‘‘(i) VERIFICATION RECEIVED.—If the 

12 person or other entity receives an appro13 priate verification of an individual’s iden14 tity and work eligibility under the 

15 verification system within the time period 

16 specified, the person or entity shall record 

17 on the form an appropriate code that is 

18 provided under the system and that indi19 cates a final verification of such identity 

20 and work eligibility of the individual. 

21 ‘‘(ii) TENTATIVE NONVERIFICATION

22 RECEIVED.—If the person or other entity 

23 receives a tentative nonverification of an 

24 individual’s identity or work eligibility 

25 under the verification system within the 
33

•HR 3534 IH 

1 time period specified, the person or entity 

2 shall so inform the individual for whom the 

3 verification is sought. If the individual does 

4 not contest the nonverification within the 

5 time period specified, the nonverification 

6 shall be considered final. The person or en7 tity shall then record on the form an ap8 propriate code which has been provided 

9 under the system to indicate a tentative 

10 nonverification. If the individual does con11 test the nonverification, the individual shall 

12 utilize the process for secondary 

13 verification provided under paragraph (4). 

14 The nonverification will remain tentative 

15 until a final verification or nonverification 

16 is provided by the verification system with17 in the time period specified. In no case 

18 shall an employer terminate employment of 

19 an individual because of a failure of the in20 dividual to have identity and work eligi21 bility confirmed under this section until a 

22 nonverification becomes final. Nothing in 

23 this clause shall apply to a termination of 

24 employment for any reason other than be25 cause of such a failure. 
34

•HR 3534 IH 

1 ‘‘(iii) FINAL VERIFICATION OR

2 NONVERIFICATION RECEIVED.—If a final 

3 verification or nonverification is provided 

4 by the verification system regarding an in5 dividual, the person or entity shall record 

6 on the form an appropriate code that is 

7 provided under the system and that indi8 cates a verification or nonverification of 

9 identity and work eligibility of the indi10 vidual. 

11 ‘‘(iv) EXTENSION OF TIME.—If the 

12 person or other entity in good faith at13 tempts to make an inquiry during such 3 

14 working days and the verification system 

15 has registered that not all inquiries were 

16 received during such time, the person or 

17 entity may make an inquiry in the first 

18 subsequent working day in which the 

19 verification system registers that it has re20 ceived all inquiries. If the verification sys21 tem cannot receive inquiries at all times 

22 during a day, the person or entity merely 

23 has to assert that the entity attempted to 

24 make the inquiry on that day for the pre25 vious sentence to apply to such an inquiry,
35

•HR 3534 IH 

1 and does not have to provide any addi2 tional proof concerning such inquiry. 

3 ‘‘(v) CONSEQUENCES OF

4 NONVERIFICATION.—If the person or other 

5 entity has received a final nonverification 

6 regarding an individual, the person or enti7 ty shall terminate employment (or recruit8 ment or referral) of the individual.’’. 

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

10 subsection (a) shall take effect 2 years after the date of 

11 the enactment of this Act. Retention of form requirements 

12 under section 274A(b)(3) of the Immigration and Nation13 ality Act, as in effect before such effective date, shall re14 main in effect as if this section had not been enacted for 

15 forms completed before such effective date. 

16 SEC. 142. EMPLOYMENT ELIGIBILITY VERIFICATION SYS17 TEM. 

18 (a) IN GENERAL.—Section 274A(b)(4) (8 U.S.C. 

19 1324a(b)(4)) is amended to read as follows: 

20 ‘‘(4) EMPLOYMENT ELIGIBILITY VERIFICATION

21 SYSTEM.—

22 ‘‘(A) IN GENERAL.—The Secretary of 

23 Homeland Security shall establish a verification 

24 system through which the Secretary (or a des-
36

•HR 3534 IH 

1 ignee of the Secretary, which may be a non2 governmental entity)—

3 ‘‘(i) responds to inquiries made by 

4 persons at any time through a toll-free 

5 telephone line or other toll-free electronic 

6 media concerning an individual’s identity 

7 and whether the individual is authorized to 

8 be employed; and 

9 ‘‘(ii) maintains records of the inquir10 ies that were made, of verifications pro11 vided (or not provided), and of the codes 

12 provided to inquirers as evidence of their 

13 compliance with their obligations under 

14 this section. 

15 To the extent practicable, the Secretary shall 

16 seek to establish such a system using one or 

17 more nongovernmental entities. 

18 ‘‘(B) INITIAL RESPONSE.—The verification 

19 system shall provide verification or a tentative 

20 nonverification of an individual’s identity and 

21 employment eligibility within 3 working days of 

22 the initial inquiry. If providing verification or 

23 tentative nonverification, the verification system 

24 shall provide an appropriate code indicating 

25 such verification or such nonverification. 
37

•HR 3534 IH 

1 ‘‘(C) SECONDARY VERIFICATION PROCESS

2 IN CASE OF TENTATIVE NONVERIFICATION.—In 

3 cases of tentative nonverification, the Secretary 

4 of Homeland Security shall specify, in consulta5 tion with the Commissioner of Social Security, 

6 an available secondary verification process to 

7 confirm the validity of information provided and 

8 to provide a final verification or nonverification 

9 within 7 working days after the date of the ten10 tative nonverification. When final verification or 

11 nonverification is provided, the verification sys12 tem shall provide an appropriate code indicating 

13 such verification or nonverification. 

14 ‘‘(D) DESIGN AND OPERATION OF SYS15 TEM.—The verification system shall be designed 

16 and operated—

17 ‘‘(i) to maximize its reliability and 

18 ease of use by persons and other entities 

19 consistent with insulating and protecting 

20 the privacy and security of the underlying 

21 information; 

22 ‘‘(ii) to respond to all inquiries made 

23 by such persons and entities on whether 

24 individuals are authorized to be employed 
38

•HR 3534 IH 

1 and to register all times when such inquir2 ies are not received; 

3 ‘‘(iii) with appropriate administrative, 

4 technical, and physical safeguards to pre5 vent unauthorized disclosure of personal 

6 information; and 

7 ‘‘(iv) to have reasonable safeguards 

8 against the system’s resulting in unlawful 

9 discriminatory practices based on national 

10 origin or citizenship status, including—

11 ‘‘(I) the selective or unauthorized 

12 use of the system to verify eligibility; 

13 ‘‘(II) the use of the system prior 

14 to an offer of employment; or 

15 ‘‘(III) the exclusion of certain in16 dividuals from consideration for em17 ployment as a result of a perceived 

18 likelihood that additional verification 

19 will be required, beyond what is re20 quired for most job applicants. 

21 ‘‘(E) RESPONSIBILITIES OF THE COMMIS22 SIONER OF SOCIAL SECURITY.—As part of the 

23 verification system, the Commissioner of Social 

24 Security, in consultation with the entity respon25 sible for administration of the system, shall es-
39

•HR 3534 IH 

1 tablish a reliable, secure method, which, within 

2 the time periods specified under subparagraphs 

3 (B) and (C), verifies, for each individual whose 

4 identity and employment eligibility must be con5 firmed under this section, the individual’s name 

6 and social security account number, the cor7 respondence of the name and number, and 

8 whether the social security number presented is 

9 valid for employment. The Commissioner shall 

10 not disclose or release social security informa11 tion (other than such verification or 

12 nonverification). If, in carrying out this sub13 paragraph, the Commissioner becomes aware of 

14 a suspicious pattern of use of a social security 

15 account number, the Commissioner shall inves16 tigate such suspicious pattern, or shall notify 

17 the Secretary of Homeland Security of it. Noth18 ing in the Social Security Act or any other pro19 vision of law shall be construed to prevent the 

20 Commissioner from so notifying the Secretary. 

21 Upon receipt of such notification, the Secretary 

22 shall investigate in lieu of the Commissioner. 

23 ‘‘(F) RESPONSIBILITIES OF THE SEC24 RETARY OF HOMELAND SECURITY.—As part of 

25 the verification system, the Secretary of Home-
40

•HR 3534 IH 

1 land Security, in consultation with the entity 

2 responsible for administration of the system, 

3 shall establish a reliable, secure method, which, 

4 within the time periods specified under sub5 paragraphs (B) and (C), compares the name 

6 and alien identification or authorization number 

7 which are provided in an inquiry against such 

8 information maintained by the Secretary in 

9 order to validate (or not validate) the informa10 tion provided, the correspondence of the name 

11 and number, and whether the alien is author12 ized to be employed in the United States. 

13 ‘‘(G) UPDATING INFORMATION.—The 

14 Commissioner of Social Security and the Sec15 retary of Homeland Security shall update their 

16 information in a manner that promotes the 

17 maximum accuracy and shall provide a process 

18 for the prompt correction of erroneous informa19 tion, including instances in which it is brought 

20 to their attention in the secondary verification 

21 process described in subparagraph (C). 

22 ‘‘(H) LIMITATION ON USE OF THE

23 VERIFICATION SYSTEM AND ANY RELATED SYS24 TEMS.—Nothing in this paragraph shall be con25 strued to authorize, directly or indirectly, the
41

•HR 3534 IH 

1 issuance or use of national identification cards 

2 or the establishment of a national identification 

3 card. 

4 ‘‘(I) FEDERAL TORT CLAIMS ACT.—If an 

5 individual alleges that the individual would not 

6 have been dismissed from a job but for an error 

7 of the verification mechanism, the individual 

8 may seek compensation only through the mech9 anism of the Federal Tort Claims Act, and in10 junctive relief to correct such error. No class 

11 action may be brought under this subpara12 graph. 

13 ‘‘(J) PROTECTION FROM LIABILITY FOR

14 ACTIONS TAKEN ON THE BASIS OF INFORMA15 TION.—No person or entity shall be civilly or 

16 criminally liable for any action taken in good 

17 faith reliance on information provided through 

18 the employment eligibility verification mecha19 nism established under this paragraph.’’. 

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

21 subsection (a) shall take effect 2 years after the date of 

22 the enactment of this Act.

23 SEC. 143. ADJUSTMENT OF STATUS APPLICATIONS. 

24 Section 245 of the Immigration and Nationality Act 

25 (8 U.S.C. 1255) is amended—
42

•HR 3534 IH 

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

2 subsection (k); 

3 (2) by redesignating subsections (j), (l) and (m) 

4 as subsections (b), (c) and (d), respectively; and 

5 (3) by inserting before subsection (b) (as so re6 designated) the following: 

7 ‘‘(a) Except as provided in subsection (b), (c), or (d), no 

8 alien inspected and admitted to the United States on a 

9 nonimmigrant visa or who entered the United States with10 out inspection may seek to adjust his status to that of 

11 an alien lawfully admitted for permanent residence while 

12 the alien is physically present in the United States.’’.

13 SEC. 144. REVOCATION OF TEMPORARY STATUS. 

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

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

16 1158(c)(2)) is amended by striking ‘‘may be terminated 

17 if the Attorney General’’ and inserting ‘‘shall be termi18 nated if the Secretary of Homeland Security’’. 

19 (b) ALIENS ELIGIBLE FOR TEMPORARY PROTECTED

20 STATUS.—Section 244(c) of the Immigration and Nation21 ality Act (8 U.S.C. 1254a(c)) is amended—

22 (1) in subparagraph (3)—

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

24 paragraph (4) and permitted in subsection 

25 (f)(3),’’; and 
43

•HR 3534 IH 

1 (B) by inserting before the comma at the 

2 end ‘‘, except where a brief trip abroad is re3 quired by emergency and authorized prior to 

4 the alien’s travel by the Secretary of Homeland 

5 Security or is due to extenuating circumstances 

6 outside the control of the alien’’; and 

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

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

9 respectively. 

10 (c) BENEFITS AND STATUS DURING PERIOD OF

11 TEMPORARY PROTECTED STATUS.—Section 244(f) of the 

12 Immigration and Nationality Act (8 U.S.C. 1254a(f)) is 

13 amended—

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

15 (2); 

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

17 (3) by redesignating paragraph (4) as para18 graph (5). 

19 SEC. 145. REPEAL OF AMNESTY PROVISION. 

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

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

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

23 for the Immigration and Nationality Act is amended by 

24 striking the item relating to section 249. 
44

•HR 3534 IH 

1 SEC. 146. PROHIBITION ON ISSUANCE OF INDIVIDUAL TAX2 PAYER IDENTIFICATION NUMBER TO ALIENS 

3 UNLAWFULLY PRESENT. 

4 Section 6109(c) of the Internal Revenue Code of 

5 1986 (26 U.S.C. 6109(c)) is amended—

6 (1) by inserting ‘‘(1)’’ before ‘‘For purposes of 

7 this section,’’; and 

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

9 ‘‘(2) the Secretary is required to verify with the 

10 Bureau of Citizenship and Immigration Services 

11 that the applicant for any identifying number, other 

12 than a Social Security account number, to be as13 signed by the Secretary is lawfully present in the 

14 United States.’’. 

15 TITLE II—REVOLVING EMPLOY16 MENT TO ASSIST LABORERS 

17 Subtitle A—Prerequisites to Guest 

18 Worker Program 

19 SEC. 201. CERTIFICATIONS. 

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

21 the implementation of the program described in subtitle 

22 B, the Secretary of Homeland Security, in consultation 

23 with the Attorney General and the Secretary of State, 

24 shall certify to the Congress the following: 

25 (1) The integrated entry and exit data system 

26 required under section 110 of the Illegal Immigra-
45

•HR 3534 IH 

1 tion Reform and Immigrant Responsibility Act of 

2 1996 (8 U.S.C. 1221 note) and section 302 of the 

3 Enhanced Border Security and Visa Entry Reform 

4 Act of 2002 (8 U.S.C. 1731) is fully implemented 

5 and functional, all ports of entry have functional bio6 metric machine readers, and the entry into and de7 parture from the United States of all noncitizens is 

8 recorded. 

9 (2) All noncitizens already in the United States 

10 legally, and all aliens authorized to enter the United 

11 States, have been issued biometric, machine-readable 

12 travel or entry documents, as required by section 

13 303 of the Enhanced Border Security and Visa 

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

15 (3) Neither immigrant nor nonimmigrant visas 

16 are issued to nationals of foreign states that refuse 

17 to permit the return of their nationals who are or18 dered removed from the United States. 

19 (4) The electronic employment eligibility 

20 verification system described in section 274A(b)(4) 

21 of the Immigration and Nationality Act (as amended 

22 by section 142 of this Act) is fully implemented and 

23 functional and all employers in the United States 

24 have access to the system.
46

•HR 3534 IH 

1 (5) All 20,000 of the Border Patrol agents au2 thorized in section 103 have been trained and de3 ployed, or, if the number of full time Border Patrol 

4 agents is less than 20,000, that United States mili5 tary personnel are deployed to support the Border 

6 Patrol in such numbers as to bring the number of 

7 full-time border enforcement personnel in the field to 

8 20,000. 

9 (6) The Chimera system required under section 

10 202(a)(2) of the Enhanced Border Security and Visa 

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

12 fully implemented and functional and includes dig13 ital fingerprints and photographs of all aliens grant14 ed admission to the United States and all aliens or15 dered removed or granted voluntary departure from 

16 the United States. 

17 (7) All databases maintained by the Bureaus of 

18 Citizenship and Immigration Services, Customs and 

19 Border Protection, and Immigration and Customs 

20 Enforcement that contain information on noncitizens 

21 are interoperable and compatible with the Chimera 

22 system. 

23 (8) The number of alien absconders in the 

24 United States is fewer than 1,000. 
47

•HR 3534 IH 

1 (9) Section 287(g) of the Immigration and Na2 tionality Act (8 U.S.C. 1357(g)) has been fully im3 plemented and Bureau of Immigration and Customs 

4 Enforcement employees respond to every request by 

5 State or local law enforcement authorities to pick up 

6 illegal aliens located by those authorities. 

7 (10) Bureau of Immigration and Customs En8 forcement agents are performing random worksite 

9 inspections of at least 2 percent of United States 

10 businesses annually, and that such inspections focus 

11 primarily on industries that tend to hire illegal 

12 aliens. 

13 (11) The number of aliens who overstay non14 immigrant visas, but are not removed from the 

15 United States, is fewer than 5,000. 

16 (b) ADMINISTRATOR OF ENVIRONMENTAL PROTEC17 TION AGENCY.—Prior to the implementation of the pro18 gram described in subtitle B, the Administrator of the En19 vironmental Protection Agency shall certify to the Con20 gress that neither current levels of illegal immigration, nor 

21 the guest worker program established in subtitle B, will 

22 significantly affect the quality of the human environment 

23 (as such term is used in section 102(C) of the National 

24 Environmental Policy Act of 1969 (42 U.S.C. 4332(C))) 

25 in the United States. 
48

•HR 3534 IH 

1 Subtitle B—The Guest Worker 

2 Program 

3 SEC. 210. NEW NONIMMIGRANT WORKER CATEGORY. 

4 (a) IN GENERAL.—Section 101(a)(15)(H) of the Im5 migration and Nationality Act is amended to read as fol6 lows: 

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

8 country which the alien has no intention of aban9 doning who is coming temporarily to the United 

10 States to perform skilled or unskilled work for which 

11 qualified and lawfully present workers are not avail12 able in the United States, and with respect to whom 

13 the Secretary of Labor determines and certifies to 

14 the Secretary of Homeland Security that the intend15 ing employer has filed with the Secretary an applica16 tion under section 212(n)(1);’’. 

17 (b) ADMISSION OF NONIMMIGRANTS.—Section 

18 214(g) of the Immigration and Nationality Act (8 U.S.C. 

19 1184(g)) is amended to read as follows: 

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

21 section 101(a)(15)(H), the period of authorized admission 

22 as such a nonimmigrant may not exceed 365 days during 

23 a 2-year period. Such visas may be renewed upon expira24 tion of such 2-year period.
49

•HR 3534 IH 

1 ‘‘(2) Such a nonimmigrant may not be permitted to 

2 change or adjust to any other immigrant or nonimmigrant 

3 classification or status. 

4 ‘‘(3) The alien spouse and children of such a non5 immigrant may not, under section 101(a)(15)(H), accom6 pany or follow to join the nonimmigrant.’’. 

7 SEC. 211. INTERNET-BASED JOB POSTING SYSTEM. 

8 (a) IN GENERAL.—The Secretary of Labor shall cre9 ate an Internet-based job posting system to which all State 

10 employment agencies and all United States businesses are 

11 able to acquire password-protected access to permit direct 

12 posting of job openings throughout the United States. 

13 (b) USE OF EMPLOYER IDENTIFICATION NUMBER.—

14 The system shall use the employer identification number 

15 to identify an employer and to track use of the system. 

16 (c) RESUMES OF CITIZENS AND RESIDENT

17 ALIENS.—Each resume submitted electronically by a 

18 United States citizen, or an alien lawfully residing in the 

19 United States, with respect to a posted job shall include 

20 the employer’s employer identification number. An elec21 tronic copy of each such resume shall be sent to the De22 partment of Labor, in addition to the copy that is sent 

23 directly to the employer. 

24 (d) MAINTENANCE OF DATA.—All job announce25 ments posted on the system shall be maintained in ar-
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•HR 3534 IH 

1 chives that include the date of the initial posting, the num2 ber of resumes sent in response to the announcement, the 

3 date on which the position was filled, and whether it was 

4 filled by a United States citizen, an alien lawfully admitted 

5 to the United States for permanent residence, an alien 

6 otherwise lawfully residing in the United States, a non7 immigrant described in section 101(a)(15)(H) of the Im8 migration and Nationality Act (as amended by section 210 

9 of this Act), or another individual. This data shall be up10 dated in real time and shall be available to the public in 

11 a searchable format. 

12 (e) USE OF DATA.—The Secretary of Labor may use 

13 posted job announcements, and any resumes submitted 

14 through the job posting system, as evidence of compliance 

15 or noncompliance by employers using the system to ensure 

16 that employers do not hire nonimmigrants described in 

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

18 Act (as amended by section 210 of this Act) unless quali19 fied and lawfully present workers are not available in the 

20 United States. 

21 (f) REPORTS; CESSATION OF LABOR CERTIFI22 CATIONS BASED ON UNEMPLOYMENT RATE.—The Sec23 retary of Labor shall publish a quarterly report, utilizing 

24 the data included in the job posting system, indicating the 

25 percentage of new hires, by occupation and geographic re-
51

•HR 3534 IH 

1 gion (as defined by the Secretary), who are nonimmigrants 

2 described in section 101(a)(15)(H) of the Immigration 

3 and Nationality Act (as amended by section 210 of this 

4 Act) and the unemployment rate by occupation and geo5 graphic region. If the unemployment rate rises above 5 

6 percent in a particular occupational category in a geo7 graphic region in which more than 15 percent of new hires 

8 are such nonimmigrants, no applications under section 

9 212(n)(1) of such Act (as amended by section 212(g) of 

10 this Act) for such nonimmigrants for that occupation and 

11 region shall be approved until the unemployment rate falls 

12 below five percent. The Secretary shall reassess the pre13 vailing wage for that occupation in that geographic area 

14 to ensure that it reflects changed market conditions prior 

15 to resuming approvals of such applications, and all new 

16 applications must reflect the revised prevailing wage. 

17 (g) EFFECTIVE DATE.—This section shall take effect 

18 on the date on which the certifications required under sec19 tion 201 are made. 

20 SEC. 212. REQUIREMENTS FOR PROSPECTIVE EMPLOYERS 

21 OF H NONIMMIGRANTS. 

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

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

24 Immigration and Nationality Act (as amended by section 

25 210 of this Act) shall post an announcement of the job 
52

•HR 3534 IH 

1 for which the alien is sought on the Internet-based job 

2 bank described in section 211. 

3 (b) FEE.—Such an employer shall pay a fee of $10 

4 per announcement posted. Such fees shall be placed by 

5 the Secretary of Labor in a fund to be established and 

6 used to maintain the Internet-based job bank described 

7 in section 211. Any amounts from such fund not used for 

8 system maintenance shall be used to investigate abuses by 

9 employers of the authority to hire a nonimmigrant de10 scribed in section 101(a)(15)(H) of the Immigration and 

11 Nationality Act (as amended by section 210 of this Act). 

12 (c) ANNOUNCEMENT CONTENTS.—Each announce13 ment shall list, at a minimum, the following: 

14 (1) The employer identification number. 

15 (2) The name, contact information, and de16 scription of the employer. 

17 (3) A description of the job. 

18 (4) A description of all specific skills or experi19 ence required to perform the job. 

20 (5) The wage rate or salary being offered for 

21 the job, which shall be at least 100 percent of the 

22 prevailing wage rate for the occupation, as deter23 mined by the ‘‘Occupational Employment Survey’’ of 

24 the Bureau of Labor Statistics. 
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1 (6) The benefits package being offered for the 

2 job. 

3 (d) MINIMUM POSTING PERIOD.—Each announce4 ment shall be posted for a minimum period of 14 days 

5 before an employer may seek authorization to hire a non6 immigrant described in section 101(a)(15)(H) of the Im7 migration and Nationality Act (as amended by section 210 

8 of this Act). 

9 (e) REQUIRED ESCROW OF RETURN TRANSPOR10 TATION COSTS.—An employer of a nonimmigrant de11 scribed in section 101(a)(15)(H) of the Immigration and 

12 Nationality Act (as amended by section 210 of this Act) 

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

14 sufficient funds to transport the nonimmigrant back to the 

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

16 authorized admission as such a nonimmigrant expires. 

17 (f) REQUIRED PROVISION OF HEALTH INSUR18 ANCE.—An employer of a nonimmigrant described in sec19 tion 101(a)(15)(H) of the Immigration and Nationality 

20 Act (as amended by section 210 of this Act) shall provide 

21 such nonimmigrant with health insurance that meets ex22 isting minimum Federal and State requirements, as appli23 cable.
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1 (g) AMENDMENTS TO IMMIGRATION AND NATION2 ALITY ACT.—Section 212(n) of the Immigration and Na3 tionality Act (8 U.S.C. 1182(n)) is amended as follows: 

4 (1) By striking ‘‘H–1B nonimmigrants’’ each 

5 place such term appears and inserting ‘‘H non6 immigrants’’. 

7 (2) In paragraph (1), by adding at the end the 

8 following: 

9 ‘‘(H) The employer has not laid off or fired (ex10 cept for cause) any United States citizen or legally 

11 resident alien worker performing the announced job 

12 or an equivalent job in the 6 months immediately 

13 preceding the date of application and that the em14 ployer will not lay off or fire (except for cause) any 

15 such worker in the 6 months immediately following 

16 the date of application. If the employer, due to un17 foreseen financial or economic circumstances, must 

18 lay off a United States citizen or legally resident 

19 alien worker during the 6 months following applica20 tion for an H nonimmigrant, the employer will ter21 minate the H nonimmigrant prior to laying off a 

22 United States citizen or legally resident alien worker 

23 performing an equivalent job.’’. 

24 (3) In paragraph (1)(A)(i)(II), by striking ‘‘, 

25 and’’ and inserting ‘‘, as determined by the Occupa-
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1 tional Employment Survey of the Bureau of Labor 

2 Statistics, and’’. 

3 (4) In paragraph (1)(G)(I)—

4 (A) by striking, ‘‘(G)(i) In the case of an 

5 application described in subparagraph (E)(ii), 

6 subject to clause (ii), the’’ and inserting ‘‘(G) 

7 The’’; and 

8 (B) by striking clause (ii). 

9 (5) In paragraph (2)(C)—

10 (A) in clause (i)(I), by striking ‘‘$1,000’’ 

11 and inserting ‘‘$2,000’’; 

12 (B) in clause (ii)(I), by striking ‘‘$5,000’’ 

13 and inserting ‘‘$10,000’’; 

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

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

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

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

18 (6) In paragraph (5)(E)(i), by striking 

19 ‘‘$5,000’’ and inserting ‘‘$10,000’’. 

20 (7) By striking—

21 (A) the final sentence of paragraph 

22 (1)(E)(ii); 

23 (B) ‘‘exempt’’ in paragraph (2)(E); 

24 (C) paragraph (3)(B); and 
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1 (D) in paragraph (3)(C), ‘‘subparagraph 

2 (A)—’’ through ‘‘(ii)’’ and inserting ‘‘subpara3 graph (A),’’. 

4 SEC. 213. REQUIREMENTS FOR ALIENS APPLYING FOR H 

5 NONIMMIGRANT STATUS. 

6 (a) IN GENERAL.—Section 214(g) of the Immigra7 tion and Nationality Act (8 U.S.C. 1184(g), as amended 

8 by section 210(b), is further amended by adding at the 

9 end the following: 

10 ‘‘(4) Aliens applying for nonimmigrant status under 

11 section 101(a)(15)(H) shall be physically present in the 

12 country of the alien’s residence and shall apply at a United 

13 States embassy, consular office, or other designated State 

14 Department post. 

15 ‘‘(5) Such aliens shall pay a visa processing fee in 

16 an amount determined under section 281. 

17 ‘‘(6) Such aliens shall file an application that includes 

18 a listing of their education, job skills and prior employ19 ment history, along with supporting documentation and 

20 references. 

21 ‘‘(7) Such aliens do not have to be applying for a 

22 specific job that is open, but rather shall apply to be added 

23 to a database of workers who are already processed and 

24 waiting for a job to open that matches their skills set. 

25 Aliens approved for such status shall remain in the foreign 
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1 country of residence until such time as an employer is ap2 proved to hire such a worker and finds that a particular 

3 approved alien meets the needs of the particular job open4 ing. 

5 ‘‘(8) The Secretary of State shall verify that the edu6 cation and work history provided by such an alien is accu7 rate, prior to the alien’s name being added to the database 

8 of approved prospective nonimmigrants under section 

9 101(a)(15)(H). 

10 ‘‘(9) Such aliens shall submit to fingerprinting and 

11 photographing by Department of State or Homeland Se12 curity personnel so that the data may be added to the Chi13 mera system required under section 202(a)(2) of the En14 hanced Border Security and Visa Entry Reform Act of 

15 2002. Such identifying information shall be entered into 

16 the Chimera system before a nonimmigrant visa under 

17 section 101(a)(15)(H) may be issued. Such aliens shall 

18 undergo criminal background and health checks to ensure 

19 admissibility under section 212(a). 

20 ‘‘(10) Any alien who violates a term or condition of 

21 the alien’s admission as a nonimmigrant under section 

22 101(a)(15)(H), including failure to leave the United 

23 States at the termination of the period of authorized ad24 mission, shall be barred from receiving any immigrant or 

25 nonimmigrant visa for a period of 10 years.
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1 ‘‘(11) Aliens applying for nonimmigrant status under 

2 section 101(a)(15)(H) shall sign a legally enforceable affi3 davit attesting that they—

4 ‘‘(A) understand that they will not be per5 mitted to change or adjust to any other immi6 grant or nonimmigrant classification or status 

7 while present in the United States; 

8 ‘‘(B) waive eligibility for any Federal, 

9 State or local non-emergency public assistance 

10 for which they might otherwise be eligible dur11 ing their tenure as such a nonimmigrant; and 

12 ‘‘(C) understand the penalties for failing to 

13 abide by the terms of their admission as such 

14 a nonimmigrant. 

15 ‘‘(12) Aliens who apply for renewal of nonimmigrant 

16 status under section 101(a)(15)(H) shall undergo new 

17 criminal background and health checks before the renewal 

18 may be granted.’’. 

19 (b) SPECIAL RULE ON CITIZENSHIP AT BIRTH FOR

20 CHILDREN OF H NONIMMIGRANTS.—Notwithstanding 

21 title III of the Immigration and Nationality Act (8 U.S.C. 

22 1401 et seq.), or any other law, a child born in the United 

23 States to a parent who is a nonimmigrant described in 

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

25 Act (as amended by section 210 of this Act) shall not be 
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1 a national or citizen of the United States at birth unless 

2 the other parent is a citizen of the United States or an 

3 alien lawfully admitted to the United States for permanent 

4 residence. 

5 SEC. 214. DATABASE OF APPROVED PROSPECTIVE H NON6 IMMIGRANTS. 

7 Section 214(g) of the Immigration and Nationality 

8 Act (8 U.S.C. 1184(g), as amended by sections 210(b) and 

9 213(a), is further amended by adding at the end the fol10 lowing: 

11 ‘‘(13) The Secretary of Labor shall establish and 

12 maintain a database of all nonimmigrant visa applicants 

13 under section 101(a)(15)(H) who are approved by the De14 partment of State. Such database shall include all identi15 fying information and all information regarding job skills 

16 and employment history, as collected by such Department. 

17 Once the Secretary of Labor approves an employer’s appli18 cation under section 212(n)(1), such Secretary shall make 

19 available to the employer a list of aliens who are available 

20 and approved by the Department of State to fill the open 

21 job position, as described in the announcement posted by 

22 the employer on the Internet-based job posting system es23 tablished under section 211 of the BE REAL Act of 2003. 

24 No employer shall have access to any information included 

25 in the database regarding such visa applicants until after 
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1 such application is approved. The Secretary of State shall 

2 transmit to the Secretary of Labor all information regard3 ing the identity, job skills, and employment history of an 

4 alien not later than 7 days after the date on which the 

5 Secretary of State determines that the alien has satisfied 

6 all the requirements established in paragraphs (4) through 

7 (12).’’. 

8 SEC. 215. EFFECTIVE DATE. 

9 Except as otherwise provided in this subtitle, this 

10 subtitle, and the amendments made by this subtitle, shall 

11 take effect 1 year after the date on which the certifications 

12 required by section 210 are made.

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