II 

109TH CONGRESS 

1ST SESSION S. 2117 

To clarify the circumstances under which a person born in the United States 

is subject to the jurisdiction of the United States, to provide for criminal 

penalties for forging Federal documents, to establish a National Border 

Neighborhood Watch Program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 15, 2005 

Mr. INHOFE introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To clarify the circumstances under which a person born 

in the United States is subject to the jurisdiction of 

the United States, to provide for criminal penalties for 

forging Federal documents, to establish a National Border Neighborhood Watch Program, and for other purposes. 

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 ‘‘Engaging the Nation to Fight for Our Right to Control 

6 Entry Act’’ or the ‘‘ENFORCE Act’’. 
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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—NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM 

Sec. 101. National Border Neighborhood Watch Program. 

Sec. 102. BRAVE Force. 

Sec. 103. Civilian volunteers. 

Sec. 104. Liability of BRAVE Force employees and civilian volunteers. 

Sec. 105. Authorization of appropriations. 

TITLE II—CRIMINAL PENALTIES 

Sec. 201. Forgery of Federal documents. 

Sec. 202. Civil and criminal penalties for aliens unlawfully present in the 

United States. 

TITLE III—ESTABLISHMENT OF IMMIGRATION AND CUSTOMS 

ENFORCEMENT FIELD OFFICE 

Sec. 301. Findings. 

Sec. 302. Establishment of field office in Tulsa, Oklahoma. 

TITLE IV—IMMIGRATION ENFORCEMENT TRAINING 

Sec. 401. Immigration enforcement training demonstration project. 

Sec. 402. Expansion of program. 

Sec. 403. Authorization of appropriations. 

TITLE V—CITIZENSHIP 

Sec. 501. Short title. 

Sec. 502. Purpose. 

Sec. 503. Citizenship at birth for children of non-citizen, non-permanent resident aliens. 

TITLE VI—GUARANTEEING UNIFORM ENFORCEMENT TO STOP 

TERRORISM 

Subtitle A—Identification Standards 

Sec. 601. Identification standard for Federal benefits. 

Sec. 602. Independent verification of birth records provided in support of applications for Social Security account numbers. 

Sec. 603. Electronic birth and death registration systems. 

Subtitle B—Reversing Unlawful Migration 

Sec. 611. Limited duration Social Security account numbers for nonimmigrants. 

Sec. 612. Mandatory notification of Social Security account number 

mismatches and multiple uses. 

Sec. 613. No Social Security credit for work performed while unlawfully 

present. 

Sec. 614. Reducing individual taxpayer identification number abuse. 
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Sec. 615. Limited eligibility for tax credits. 

Sec. 616. Penalty for failure to file correct information returns. 

Sec. 617. Clarification of inherent authority of State and local law enforcement. 

Sec. 618. Immigration and Customs Enforcement response to requests for assistance from State and local law enforcement. 

Subtitle C—Technology 

Sec. 621. Construction of fencing and security improvements in border area 

from Pacific Ocean to Gulf of Mexico. 

Sec. 622. Study and report on the use of technology to prevent unlawful immigration. 

TITLE VII—DAY LABORER CENTERS 

Sec. 701. Use of day laborer center to secure employment for illegal aliens. 

Sec. 702. Notification. 

Sec. 703. Referrals to the IRS. 

Sec. 704. Amendments to Immigration and Nationality Act. 

Sec. 705. Amendment to Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 

TITLE VIII—HIGHER EDUCATION BENEFITS FOR ILLEGAL 

ALIENS 

Sec. 801. Limitation on eligibility. 

1 TITLE I—NATIONAL BORDER 

2 NEIGHBORHOOD WATCH PRO3 GRAM 

4 SEC. 101. NATIONAL BORDER NEIGHBORHOOD WATCH PRO5 GRAM. 

6 The Commissioner of the United States Customs and 

7 Border Protection (referred to in this title as the 

8 ‘‘USCBP’’) shall establish a National Border Neighbor9 hood Watch Program (referred to in this title as the 

10 ‘‘NBNW Program’’) to permit retired law enforcement of11 ficers and civilian volunteers to combat illegal immigration 

12 into the United States. 
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1 SEC. 102. BRAVE FORCE. 

2 (a) ESTABLISHMENT.—There is established in the 

3 USCBP a Border Regiment Assisting in Valuable En4 forcement Force (referred to in this title as ‘‘BRAVE 

5 Force’’), which shall consist of retired law enforcement of6 ficers, to carry out the NBNW Program. 

7 (b) RETIRED LAW ENFORCEMENT OFFICERS.—In 

8 this section, the term ‘‘retired law enforcement officer’’ 

9 means an individual who— 

10 (1) has retired from employment as a Federal, 

11 State, or local law enforcement officer; and 

12 (2) has not reached the Social Security retire13 ment age (as defined in section 216(l) of the Social 

14 Security Act (42 U.S.C. 416(l)). 

15 (c) EFFECT ON PERSONNEL CAPS.—Employees of 

16 BRAVE Force hired to carry out the NBNW Program 

17 shall be considered as additional agents and shall not 

18 count against the USCBP personnel caps. 

19 (d) RETIRED ANNUITANTS.—An employee of 

20 BRAVE Force who has worked for the Federal Govern21 ment shall be considered a rehired annuitant and shall 

22 have no reduction in annuity as a result of salary payment 

23 for such employees’ service in the NBNW Program. 
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1 SEC. 103. CIVILIAN VOLUNTEERS. 

2 (a) IN GENERAL.—The USCBP shall provide the op3 portunity for civilian volunteers to assist in carrying out 

4 the purposes of the NBNW Program. 

5 (b) ORGANIZATION.—Not less than 3 civilian volun6 teers in the NBNW Program may report to each employee 

7 of BRAVE Force. 

8 (c) REPORTING.—A civilian volunteer shall report a 

9 violation of Federal immigration law to the appropriate 

10 employee of BRAVE Force as soon as possible after ob11 serving such violation. 

12 (d) REIMBURSEMENT.—A civilian volunteer partici13 pating in the NBNW Program shall be eligible for reim14 bursement by the USCBP for expenses related to carrying 

15 out the duties of the NBNW Program. 

16 SEC. 104. LIABILITY OF BRAVE FORCE EMPLOYEES AND CI17 VILIAN VOLUNTEERS. 

18 (a) CIVILIANS.—A civilian volunteer participating in 

19 the NBNW Program shall not be entitled to any immunity 

20 from personal liability by virtue of the volunteer’s partici21 pation in the NBNW Program. 

22 (b) EMPLOYEES.—An employee of the BRAVE Force 

23 shall not be liable for the actions of a civilian volunteer 

24 participating in the NBNW Program. 
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1 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this title. 

4 TITLE II—CRIMINAL PENALTIES 

5 SEC. 201. FORGERY OF FEDERAL DOCUMENTS. 

6 (a) IN GENERAL.—Chapter 25 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

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

10 generally 

11 ‘‘Any person who— 

12 ‘‘(1) falsely makes, alters, forges, or counter13 feits any Federal record, Federal document, Federal 

14 writing, or record, document, or writing character15 izing, or purporting to characterize, official Federal 

16 activity, service, contract, obligation, duty, property, 

17 or chose; 

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

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

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

21 knowing, or negligently failing to know, that such 

22 record, document, or writing has not been verified, 

23 has been inconclusively verified, is unable to be 

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

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

26 to any officer, of the United States, any record, doc-
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1 ument, or writing described in paragraph (1), know2 ing, or negligently failing to know, that such record, 

3 document, or writing has not been verified, has been 

4 inconclusively verified, is unable to be verified, or is 

5 false, altered, forged, or counterfeited; 

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

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

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

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

10 through (3), 

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

12 10 years, or both.’’. 

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

14 for chapter 25 of title 18, United States Code, is amended 

15 by inserting after the item relating to section 514 the fol16 lowing: 

‘‘515. Federal records, documents, and writings, generally.’’. 

17 SEC. 202. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UN18 LAWFULLY PRESENT IN THE UNITED STATES. 

19 (a) ALIENS UNLAWFULLY PRESENT.— 

20 (1) IN GENERAL.—Title II of the Immigration 

21 and Nationality Act (8 U.S.C. 1151 et seq.) is 

22 amended by inserting after section 275 the fol23 lowing: 
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1 ‘‘CRIMINAL PENALTIES AND FORFEITURE FOR

2 UNLAWFUL PRESENCE IN THE UNITED STATES

3 ‘‘SEC. 275A. (a) IN GENERAL.—In addition to any 

4 other penalty, an alien who is present in the United States 

5 in violation of this Act shall be guilty of a felony and shall 

6 be fined under title 18, United States Code, imprisoned 

7 not less than 1 year, or both. The assets of any alien 

8 present in the United States in violation of this Act shall 

9 be subject to forfeiture under title 18, United States Code. 

10 ‘‘(b) DEFENSE.—It shall be an affirmative defense 

11 to a violation of subsection (a) that the alien overstayed 

12 the time allotted under the visa due to an exceptional and 

13 extremely unusual hardship or physical illness that pre14 vented the alien from leaving the United States by the 

15 required date.’’. 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents of such Act is amended by inserting after the 

18 item relating to section 275 the following: 

‘‘Sec. 275A. Criminal penalties and forfeiture for unlawful presence in the 

United States.’’. 

19 (b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL

20 ENTRY.—Section 275(a) of the Immigration and Nation21 ality Act (8 U.S.C. 1325(a)) is amended by striking ‘‘not 

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

23 year,’’. 
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1 TITLE III—ESTABLISHMENT OF 

2 IMMIGRATION AND CUSTOMS 

3 ENFORCEMENT FIELD OF4 FICE 

5 SEC. 301. FINDINGS. 

6 Congress finds the following: 

7 (1) On July 17, 2002, 18 aliens who were 

8 present in the United States illegally, including 3 

9 minors, were taken into custody by the Tulsa Coun10 ty Sheriff’s Department. The aliens were later re11 leased by officials of the former Immigration and 

12 Naturalization Service. 

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

14 force meeting convened in Tulsa, Oklahoma, with 

15 the goal of bringing together local law enforcement 

16 and the Immigration and Naturalization Service to 

17 open a dialogue to find effective ways to better en18 force Federal immigration laws in the first District 

19 of Oklahoma. 

20 (3) On January 22, 2003, 4 new agents at the 

21 Immigration and Naturalization Service office in 

22 Oklahoma City were hired. 

23 (4) On January 30, 2003, Oklahoma’s Immi24 gration and Naturalization Service office added 6 

25 new special agents to their staff. 
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1 (5) On September 22, 2004, officials of the Bu2 reau of Immigration and Customs Enforcement of 

3 the Department of Homeland Security authorized 

4 the release of 18 individuals who may have been 

5 present in the United States illegally and were in the 

6 custody of the police department of the City of 

7 Catoosa, Oklahoma. Catoosa Police stopped a truck 

8 carrying 18 individuals, including children, in the 

9 early morning hours on that date. Only 2 of the in10 dividuals produced identification. One adult was ar11 rested on drug possession charges and the remaining 

12 individuals were released. 

13 (6) Oklahoma has 1 Office of Investigations of 

14 the Bureau of Immigration and Customs Enforce15 ment, which is located in Oklahoma City. In 2005, 

16 12 agents of the Bureau of Immigration and Cus17 toms Enforcement served the 3,500,000 people re18 siding in Oklahoma. 

19 (7) Highway I–44 and U.S.–75 are major roads 

20 through Tulsa, Oklahoma, that are used to transport 

21 illegal aliens to all areas of the United States. 

22 (8) The establishment of a field office of the 

23 Office of Investigations of the Bureau of Immigra24 tion and Customs Enforcement in Tulsa, Oklahoma, 
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1 will help enforce Federal immigration laws in East2 ern Oklahoma. 

3 (9) Seven agents of the Drug Enforcement Ad4 ministration and an estimated 22 agents of the Fed5 eral Bureau of Investigation are assigned to duty 

6 stations in Tulsa, Oklahoma, and there are no 

7 agents of the Bureau of Immigration and Customs 

8 Enforcement who are assigned to a duty station in 

9 Tulsa, Oklahoma. 

10 SEC. 302. ESTABLISHMENT OF FIELD OFFICE IN TULSA, 

11 OKLAHOMA. 

12 Not later than 180 days after the date of enactment 

13 of this Act, the Secretary of Homeland Security shall es14 tablish a field office of the Office of Investigations of the 

15 Bureau of Immigration and Customs Enforcement in 

16 Tulsa, Oklahoma. 

17 TITLE IV—IMMIGRATION 

18 ENFORCEMENT TRAINING 

19 SEC. 401. IMMIGRATION ENFORCEMENT TRAINING DEM20 ONSTRATION PROJECT. 

21 (a) IN GENERAL.— 

22 (1) AUTHORITY.—The Secretary of Homeland 

23 Security is authorized to provide assistance to the 

24 President of Cameron University, located in Lawton, 

25 Oklahoma, to establish and implement the dem-
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1 onstration project (referred to in this title as the 

2 ‘‘Project’’) described in this title. 

3 (2) PURPOSE.—The purposes of the Project 

4 shall be to assess the feasibility of establishing a na5 tionwide e-learning training course, covering basic 

6 immigration law enforcement issues, to be used by 

7 State, local, and tribal law enforcement officers in 

8 order to improve and enhance the ability of such of9 ficers, during their routine course of duties, to assist 

10 Federal immigration officers in the enforcement of 

11 immigration laws of the United States. 

12 (b) PROJECT DIRECTOR RESPONSIBILITIES.—The 

13 Project shall be carried out by the Project Director, who 

14 shall— 

15 (1) develop an online, e-learning Web site 

16 that— 

17 (A) provides State, local, and tribal law en18 forcement officers access to the e-learning 

19 training course; 

20 (B) enrolls officers in the e-learning train21 ing course; 

22 (C) records the performance of officers on 

23 the course; 

24 (D) tracks officers’ proficiency in learning 

25 the course’s concepts; 
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1 (E) ensures a high level of security; and 

2 (F) encrypts personal and sensitive infor3 mation; 

4 (2) develop an e-learning training course that— 

5 (A) entails not more than 4 hours of train6 ing; 

7 (B) is accessible through the on-line, e8 learning Web site developed under paragraph 

9 (1); 

10 (C) covers the basic principles and prac11 tices of immigration law and the policies that 

12 relate to the enforcement of immigration laws; 

13 (D) includes instructions about— 

14 (i) employment-based and family15 based immigration; 

16 (ii) the various types of nonimmigrant 

17 visas; 

18 (iii) the differences between immi19 grant and nonimmigrant status; 

20 (iv) the differences between lawful and 

21 unlawful presence; 

22 (v) the criminal and civil consequences 

23 of unlawful presence; 

24 (vi) the various grounds for removal; 
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1 (vii) the types of false identification 

2 commonly used by illegal and criminal 

3 aliens; 

4 (viii) the common methods of alien 

5 smuggling and groups that commonly par6 ticipate in alien smuggling rings; 

7 (ix) the inherent legal authority of 

8 local law enforcement officers to enforce 

9 federal immigration laws; and 

10 (x) detention and removal procedures, 

11 including expeditious removal; and 

12 (E) is accessible through the secure, 

13 encrypted on-line, e-learning Web site not later 

14 than 90 days of the date of enactment of this 

15 Act, and 

16 (F) incorporates content similar to that 

17 covered in the 4-hour training course provided 

18 by the employees of the Immigration and Natu19 ralization Service to Alabama State Troopers 

20 during 2003, in addition to the training given 

21 pursuant to an agreement by the State under 

22 section 287(g) of the Immigration and Nation23 ality Act (8 U.S.C. 1357(g)); and 

24 (3) assess the feasibility of expanding to State, 

25 local, and tribal law enforcement agencies through-
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1 out the Nation the on-line, e-learning Web site, in2 cluding the e-learning training course, by using on3 line technology. 

4 (c) PERIOD OF PROJECT.—The Project Director 

5 shall carry out the demonstration project for a 2-year pe6 riod beginning 90 days after the date of enactment of this 

7 Act. 

8 (d) PARTICIPATION IN PROJECT.—The Project Di9 rector shall carry out the demonstration project by enroll10 ing in the e-learning training course State, local, and trib11 al law enforcement officers from— 

12 (1) Alabama; 

13 (2) Colorado; 

14 (3) Florida; 

15 (4) Oklahoma; 

16 (5) Texas; and 

17 (6) at least 1, but not more than 3, other 

18 States. 

19 (e) PARTICIPATING OFFICERS.— 

20 (1) NUMBER.—A total of 100,000 officers shall 

21 have access to, enroll in, and complete the e-learning 

22 training course provided under the Project. 

23 (2) APPORTIONMENT.—The number of officers 

24 who are selected to participate in the Project shall 
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1 be apportioned according to the State populations of 

2 the participating States. 

3 (3) SELECTION.—Participation in the Project 

4 shall— 

5 (A) be equally apportioned between State, 

6 county, and municipal law enforcement agency 

7 officers; 

8 (B) include, when practicable, a significant 

9 subset of tribal law enforcement officers; and 

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

11 highly rural areas. 

12 (4) RECRUITMENT.—Recruitment of partici13 pants shall begin immediately, and occur concur14 rently, with the e-learning training course’s estab15 lishment and implementation. 

16 (5) LIMITATION ON PARTICIPATION.—Officers 

17 shall be ineligible to participate in the demonstration 

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

19 tribal law enforcement agency that— 

20 (A) has in effect a statute, policy, or prac21 tice that prohibits its law enforcement officers 

22 from cooperating with Federal immigration en23 forcement agents; or 

24 (B) is otherwise in contravention of section 

25 642(a) of the Illegal Immigration Reform and 
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1 Immigrant Responsibility Act of 1996 (8 U.S.C. 

2 1373(a)). 

3 (6) ADDITIONAL REQUIREMENTS.—The law en4 forcement officers selected to participate in the e5 learning training course provided under the 

6 Project— 

7 (A) shall undergo standard vetting proce8 dures, pursuant to the Federal Law Enforce9 ment Training Center Distributed Learning 

10 Program, to ensure that each individual is a 

11 bona fide law enforcement officer; and 

12 (B) shall be granted continuous access, 

13 throughout the 2-year period of the Project, to 

14 on-line course material and other training and 

15 reference resources accessible through the on16 line, e-learning Web site. 

17 (f) REPORT.— 

18 (1) IN GENERAL.—Not later than the end of 

19 the 2-year period described in subsection (c), the 

20 Project Director shall submit a report on the partici21 pation of State, local, and tribal law enforcement of22 ficers in the Project’s e-learning training course to— 

23 (A) the Committee on the Judiciary of the 

24 Senate; 
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1 (B) the Committee on the Judiciary of the 

2 House of Representatives; 

3 (C) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; and 

5 (D) the Committee on Homeland Security 

6 of the House of Representatives. 

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

8 submitted under paragraph (1) shall include— 

9 (A) an estimate of the cost savings realized 

10 by offering training through the e-learning 

11 training course instead of the residential class12 room method; 

13 (B) an estimate of the difference between 

14 the 100,000 law enforcement officers who re15 ceived training through the e-learning training 

16 course and the number of law enforcement offi17 cers who could have received training through 

18 the residential classroom method in the same 2- 

19 year period; 

20 (C) the effectiveness of the e-learning 

21 training course with respect to student-officer 

22 performance; 

23 (D) the convenience afforded student-offi24 cers with respect to their ability to access the 

25 e-learning training course at their own conven-
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1 ience and to return to the on-line, e-learning 

2 Web site for refresher training and reference; 

3 and 

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

5 Web site to safeguard the student officers’ pri6 vate and personal information while providing 

7 supervisors with appropriate information about 

8 student performance and course completion. 

9 SEC. 402. EXPANSION OF PROGRAM. 

10 (a) IN GENERAL.—After the completion of the 

11 Project, the Secretary of Homeland Security shall— 

12 (1) continue to make available the on-line, e13 learning Web site and the e-learning training course 

14 developed in the Project; 

15 (2) annually enroll 100,000 new State, local, 

16 and tribal law enforcement officers in such e-learn17 ing training course; and 

18 (3) consult with Congress regarding the addi19 tion, substitution, or removal of States eligible to 

20 participate in such e-learning training course. 

21 (b) LIMITATION ON PARTICIPATION.—An individual 

22 is ineligible to participate in the expansion of the Project 

23 established under this title if the individual is employed 

24 by a State, local, or tribal law enforcement agency that— 
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1 (1) has in effect a statute, policy, or practice 

2 that prohibits its law enforcement officers from co3 operating with Federal immigration enforcement 

4 agents; or 

5 (2) is otherwise in contravention of section 

6 642(a) of the Illegal Immigration Reform and Immi7 grant Responsibility Act of 1996 (8 U.S.C. 

8 1373(a)). 

9 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) FISCAL YEAR 2006.—There are authorized to be 

11 appropriated $3,000,000 to the Secretary of Homeland 

12 Security in fiscal year 2006 to carry out this title. 

13 (b) SUBSEQUENT FISCAL YEARS.—There are author14 ized to be appropriated in fiscal year 2007, and each sub15 sequent fiscal year, such sums as may be necessary to con16 tinue to operate, promote, and recruit participants for the 

17 Project and the expansion of the Project under this title. 

18 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

19 under this section shall remain available until expended. 

20 TITLE V—CITIZENSHIP 

21 SEC. 501. SHORT TITLE. 

22 This title may be cited as the ‘‘Citizenship Reform 

23 Act of 2005’’. 
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1 SEC. 502. PURPOSE. 

2 The purpose of this title is to clarify that citizenship 

3 at birth is available to a child born in the United States 

4 to a parent who is a citizen of the United States or a 

5 permanent resident alien in the United States. 

6 SEC. 503. CITIZENSHIP AT BIRTH FOR CHILDREN OF NON7 CITIZEN, NON-PERMANENT RESIDENT 

8 ALIENS. 

9 (a) IN GENERAL.—Chapter 1 of title III of the Immi10 gration and Nationality Act (8 U.S.C. 1401 et seq.) is 

11 amended— 

12 (1) in section 301, by striking ‘‘The following’’ 

13 and inserting ‘‘Except as otherwise provided under 

14 section 309A, the following’’; and 

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

16 ‘‘SEC. 309A. CHILDREN BORN TO NATIONAL OF THE UNITED 

17 STATES OR TO ALIEN LAWFULLY ADMITTED 

18 FOR PERMANENT RESIDENCE IN THE UNITED 

19 STATES. 

20 ‘‘For purposes of section 301(a), a person born in 

21 the United States shall be considered to be ‘subject to the 

22 jurisdiction of the United States’ only if the child was born 

23 in the United States to parents, one of whom is— 

24 ‘‘(1) a national of the United States; or 
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1 ‘‘(2) an alien who is lawfully admitted for per2 manent residence and maintains his or her residence 

3 in the United States.’’. 

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

5 this section shall apply only to individuals born on or after 

6 the date of enactment of this Act. 

7 TITLE VI—GUARANTEEING UNI8 FORM ENFORCEMENT TO 

9 STOP TERRORISM 

10 Subtitle A—Identification 

11 Standards 

12 SEC. 601. IDENTIFICATION STANDARD FOR FEDERAL BENE13 FITS. 

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

15 commission, other entity, or employee of the Federal Gov16 ernment may, for the purpose of establishing identity, ac17 cept, recognize, rely on, or authorize the acceptance, rec18 ognition, or reliance on, any document not described in 

19 subsection (c). 

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

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

22 or local government charged with providing or approving 

23 applications for public benefits or services funded in whole 

24 or in part with Federal funds may, for the purpose of es25 tablishing identity, accept, recognize, rely on, or authorize 
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1 the acceptance, recognition, or reliance on, any document 

2 except those described in subsection (c). 

3 (c) DOCUMENTS DESCRIBED.—Documents described 

4 in this subsection are— 

5 (1) a valid, unexpired United States passport, 

6 immigration document, and other identity document 

7 issued by a Federal authority, excluding an indi8 vidual taxpayer identification number issued by the 

9 Internal Revenue Service; 

10 (2) a valid, unexpired driver’s license or identi11 fication card (as such terms are defined in section 

12 201 of the REAL ID Act of 2005 (division B of 

13 Public Law 109–13; 49 U.S.C. 30301 note)) issued 

14 by a State, if the State— 

15 (A) is in compliance with the minimum 

16 standards for the issuance of a driver’s license 

17 or an identification card set forth in title II of 

18 the REAL ID Act of 2005 (49 U.S.C. 30301 

19 note); or 

20 (B)(i) statutorily bars issuance of a driv21 er’s license or identification card to an alien 

22 who is unlawfully present in the United States; 

23 and 

24 (ii) requires independent verification with 

25 the issuing agency of records provided by the 
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1 applicant in support of the application for a 

2 driver’s license or identification card; and 

3 (3) valid, unexpired foreign passports, if such 

4 passports include, or are accompanied by, proof of 

5 lawful presence in the United States. 

6 SEC. 602. INDEPENDENT VERIFICATION OF BIRTH 

7 RECORDS PROVIDED IN SUPPORT OF APPLI8 CATIONS FOR SOCIAL SECURITY ACCOUNT 

9 NUMBERS. 

10 (a) APPLICATIONS FOR SOCIAL SECURITY ACCOUNT

11 NUMBERS.—Section 205(c)(2)(B)(ii) of the Social Secu12 rity Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended— 

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

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

15 ‘‘(II) With respect to an application for a social secu16 rity account number for an individual, other than for pur17 poses of enumeration at birth, the Commissioner of Social 

18 Security shall require independent verification of any birth 

19 record provided by the applicant in support of the applica20 tion from the agency that issued such record.’’. 

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

22 subsection (a) shall apply with respect to applications for 

23 Social Security account numbers filed on a date that is 

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

25 this Act. 
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1 SEC. 603. ELECTRONIC BIRTH AND DEATH REGISTRATION 

2 SYSTEMS. 

3 (a) ESTABLISHMENT.—The Secretary of Homeland 

4 Security, in consultation with the Secretary of Health and 

5 Human Services and the Commissioner of Social Security, 

6 shall— 

7 (1) work with the States to establish a common 

8 data set and common data exchange protocol for 

9 electronic birth registration systems and death reg10 istration systems; 

11 (2) coordinate requirements for such systems to 

12 align with a national model; 

13 (3) ensure that fraud prevention is built into 

14 the design of such systems to prevent fraud related 

15 to the collection of vital event data, the issuance of 

16 birth certificates, and the exchange of data among 

17 government agencies; 

18 (4) ensure that electronic systems for issuing 

19 birth certificates, in the form of printed abstracts of 

20 birth records or digitized images, employ a common 

21 format of the certified copy, so that a person requir22 ing such documents can quickly confirm the validity 

23 of such documents; 

24 (5) establish and implement uniform field re25 quirements for State birth registries to be included 
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1 in such systems and such requirements may not re2 quire the utilization of biometric identifiers; 

3 (6) not later than 6 months after the date of 

4 enactment of this Act, submit a report to Congress 

5 regarding— 

6 (A) the need for Federal laws to address 

7 penalties for fraud and misuse of vital records; 

8 and 

9 (B) the sufficiency of the enforcement of 

10 such violations; 

11 (7) not later than 1 year after the date of en12 actment of this Act, establish— 

13 (A) a process with the Secretary of De14 fense to share data with the States and the So15 cial Security Administration regarding deaths 

16 of United States military personnel and the 

17 birth and death of the dependents of such per18 sonnel; and 

19 (B) a process with the Secretary of State 

20 to improve registration, notification, and the 

21 sharing of data with the States and the Social 

22 Security Administration regarding births and 

23 deaths of United States citizens abroad; and 

24 (8) not later than 3 years after the establish25 ment of the systems under this section, require 
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1 States to record and retain electronic records of per2 tinent identification information collected from re3 questers who are not the registrants. 

4 (b) ELECTRONIC VERIFICATION OF VITAL

5 EVENTS.— 

6 (1) LEAD AGENCY.—The Secretary of Home7 land Security shall coordinate the implementation of 

8 electronic verification of a person’s birth and death. 

9 (2) RULEMAKING.— 

10 (A) IN GENERAL.—In carrying out para11 graph (1), the Secretary shall issue regulations 

12 to establish procedures for authorized Federal 

13 and State agency users may use a single inter14 face to generate an electronic query to any par15 ticipating vital records jurisdiction throughout 

16 the United States to verify the contents of a 

17 paper birth certificate. 

18 (B) NOTIFICATION.—The regulations 

19 issued under subparagraph (A) shall require 

20 each participating vital records jurisdiction to 

21 provide an electronic response to inform the in22 quirer— 

23 (i) if a birth record in the database of 

24 such jurisdiction matches the paper birth 

25 certificate; and 
28 

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1 (ii) if the matching birth record has 

2 been flagged ‘‘deceased’’. 

3 (C) EFFECTIVE DATE.—The regulations 

4 issued under this paragraph shall take effect 

5 not later than 5 years after the date of enact6 ment of this Act. 

7 (c) GRANTS TO STATES.—The Secretary of Home8 land Security may award grants to States to assist the 

9 States in participating in the systems referred to in this 

10 section. 

11 (d) AUTHORITY.—All authority to issue regulations, 

12 certify standards, and issue grants under this section shall 

13 be carried out by the Secretary of Homeland Security, 

14 with the concurrence of the Secretary of Health and 

15 Human Services and in consultation with State vital sta16 tistics offices and appropriate Federal agencies. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to the Secretary of 

19 Homeland Security for each of the fiscal years 2006 

20 through 2009 such sums as may be necessary to carry 

21 out this section. 
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1 Subtitle B—Reversing Unlawful 

2 Migration 

3 SEC. 611. LIMITED DURATION SOCIAL SECURITY ACCOUNT 

4 NUMBERS FOR NONIMMIGRANTS. 

5 (a) TIMING OF ISSUANCE TO ALIENS.—Section 

6 205(c)(2)(B)(i)(I) of the Social Security Act (42 U.S.C. 

7 405(c)(2)(B)(i)(I)) is amended to read as follows: 

8 ‘‘(I) to aliens at the time of their lawful admis9 sion to the United States for, or adjustment of sta10 tus to— 

11 ‘‘(aa) permanent residence; or 

12 ‘‘(bb) temporary or other short-term resi13 dence in a category that permits them to en14 gage in employment in the United States, ex15 cept that these aliens shall be issued the Social 

16 Security cards described in the second sentence 

17 of subparagraph (G);’’. 

18 (b) TEMPORARY SOCIAL SECURITY CARDS FOR NON19 IMMIGRANTS.—Section 205(c)(2)(G) of the Social Secu20 rity Act (42 U.S.C. 405(c)(2)(G)) is amended— 

21 (1) by inserting ‘‘(i)’’ after ‘‘(G)’’; and 

22 (2) by striking ‘‘The social security card’’ and 

23 inserting the following: 

24 ‘‘(ii) Social Security cards issued to aliens who 

25 are not lawful permanent residents, but who are au-
30 

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1 thorized to engage in employment in the United 

2 States, shall bear on their face an expiration date 

3 that coincides with the expiration of the alien’s per4 mission to be employed in the United States. The 

5 Social Security account numbers on such cards shall 

6 not be valid to prove work authorization, either 

7 through the Employment Authorization Status In8 stant Check or otherwise, following their expiration. 

9 ‘‘(iii) The Social Security card’’. 

10 SEC. 612. MANDATORY NOTIFICATION OF SOCIAL SECURITY 

11 ACCOUNT NUMBER MISMATCHES AND MUL12 TIPLE USES. 

13 (a) NOTIFICATION OF MISMATCHED NAME AND SO14 CIAL SECURITY ACCOUNT NUMBER.— 

15 (1) EMPLOYER NOTIFICATION.—Not less fre16 quently than once each year, the Commissioner of 

17 Social Security shall provide a notification to each 

18 United States employer with one or more employees 

19 whom the Commissioner has determined have a So20 cial Security account number that does not match 

21 the name or date of birth of each such employee in 

22 the Commissioner’s records. 

23 (2) EMPLOYEE NOTIFICATION.—The notifica24 tion under paragraph (1) shall— 
31 

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1 (A) instruct an employer to inform an em2 ployee described in paragraph (1) that if the 

3 employee fails to correct the information related 

4 to the employee’s Social Security account num5 ber with the Commissioner within a period of 

6 10 business days, the employer will be required 

7 to terminate the employment of such employee; 

8 and 

9 (B) prohibit the employer from termi10 nating such employment prior to the conclusion 

11 of such 10-day period, unless the employee ad12 mits that the employee fraudulently obtained a 

13 Social Security account number. 

14 (b) NOTIFICATION OF MULTIPLE USES OF INDI15 VIDUAL SOCIAL SECURITY ACCOUNT NUMBERS.— 

16 (1) IN GENERAL.—The Commissioner of Social 

17 Security may not credit any individual with concur18 rent earnings from more than 1 employer before no19 tifying the individual that earnings from 2 or more 

20 employers are being reported under the individual’s 

21 Social Security account number. 

22 (2) CONTENTS OF NOTICE.—Notice under para23 graph (1) shall— 

24 (A) include the name and location of each 

25 employer; 
32 

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1 (B) direct the individual to— 

2 (i) contact the Social Security Admin3 istration to present proof that the indi4 vidual is the person to whom the Social Se5 curity account number was issued; and 

6 (ii) if applicable, to present a pay stub 

7 or other documentation showing that such 

8 individual is employed by all employers re9 porting earnings to that Social Security ac10 count number. 

11 SEC. 613. NO SOCIAL SECURITY CREDIT FOR WORK PER12 FORMED WHILE UNLAWFULLY PRESENT. 

13 Title II of the Social Security Act (42 U.S.C. 401 

14 et seq.) is amended— 

15 (1) in section 214(c)(1), by striking ‘‘at the 

16 time of assignment, or at any later time’’ and insert17 ing ‘‘at the time any such quarters of coverage are 

18 earned’’; and 

19 (2) in section 223(a)(1)(C)(i), by striking ‘‘at 

20 the time of assignment, or at any later time’’ and 

21 inserting ‘‘at the time any quarters of coverage are 

22 earned’’. 
33 

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1 SEC. 614. REDUCING INDIVIDUAL TAXPAYER IDENTIFICA2 TION NUMBER ABUSE. 

3 (a) MODIFIED FORMAT AND LAWFUL PRESENCE RE4 QUIREMENT.— 

5 (1) IN GENERAL.—Section 6109(c) of the Inter6 nal Revenue Code of 1986 is amended to read as fol7 lows: 

8 ‘‘(c) REQUIREMENT OF INFORMATION.— 

9 ‘‘(1) IN GENERAL.—For purposes of this sec10 tion, the Secretary is authorized to require from any 

11 person such information as may be necessary to as12 sign an identifying number. 

13 ‘‘(2) SEPARATE FROM SOCIAL SECURITY AC14 COUNT NUMBERS.—Any identifying number assigned 

15 by the Secretary shall be comprised of a sequence of 

16 numerals and dashes that is visually distinguishable 

17 from, and will not be mistaken for, a Social Security 

18 account number. 

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

20 Prior to issuing any identifying number, the Sec21 retary shall verify with the Secretary of Homeland 

22 Security that the applicant for such number is law23 fully present in the United States.’’. 

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

25 the Internal Revenue Code of 1986, as added by 

26 paragraph (1), shall take effect on the expiration of 
34 

•S 2117 IS

1 the date which is 30 days after the date of enact2 ment of this Act. 

3 (b) INFORMATION SHARING.— 

4 (1) IN GENERAL.—Section 6103(i)(3) of the In5 ternal Revenue Code of 1986 is amended by adding 

6 at the end the following: 

7 ‘‘(D) POSSIBLE VIOLATIONS OF FEDERAL

8 IMMIGRATION LAW.—The Secretary shall dis9 close, in electronic format to the Secretary of 

10 Homeland Security, the taxpayer identity of 

11 each taxpayer who has been assigned an indi12 vidual taxpayer identification number. The Sec13 retary of Homeland Security may disclose such 

14 information to officers and employees of the 

15 Department to the extent necessary to enforce 

16 Federal immigration laws.’’ 

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

18 Treasury shall disclose information under the 

19 amendment made by paragraph (1) not later than 

20 60 days after the date of enactment of this Act. 

21 SEC. 615. LIMITED ELIGIBILITY FOR TAX CREDITS. 

22 Notwithstanding any other provision of law, an indi23 vidual who submits to the Internal Revenue Service an in24 come tax return that relies on an individual taxpayer iden25 tification number in lieu of a Social Security account num-
35 

•S 2117 IS

1 ber shall not be eligible for any tax credit, including the 

2 earned income tax credit under section 32 of the Internal 

3 Revenue Code of 1986. 

4 SEC. 616. PENALTY FOR FAILURE TO FILE CORRECT INFOR5 MATION RETURNS. 

6 (a) PENALTIES FOR EGREGIOUS NONCOMPLIANCE

7 EMPLOYERS.—Section 6721 of the Internal Revenue Code 

8 is amended— 

9 (1) by striking subsections (b), (c), and (d); 

10 (2) by redesignating subsection (e) as sub11 section (b); and 

12 (3) by adding at the end the following: 

13 ‘‘(c) PENALTY FOR EGREGIOUS NONCOMPLIANCE OF

14 EMPLOYERS.—The Secretary shall assess the maximum 

15 allowable penalties on each employer— 

16 ‘‘(1) designated in any taxable year by the So17 cial Security Administration as 1 of the most egre18 gious noncompliant employers; and 

19 ‘‘(2) whose noncompliance was either willful or 

20 resulted from gross negligence.’’. 

21 (b) STANDARD COMPLIANCE PROGRAM.— 

22 (1) IN GENERAL.—Not later than 60 days after 

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

24 the Treasury, in consultation with the Commissioner 

25 of Social Security and the Secretary of Homeland 
36 

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1 Security, shall implement a regularly scheduled pro2 gram for proposing, assessing, and collecting pen3 alties from persons who include incorrect informa4 tion in tax returns filed under the Internal Revenue 

5 Code of 1986, if such information was included ei6 ther willfully or through gross negligence. 

7 (2) REPORT.—Not later than 180 days after 

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

9 the Treasury shall submit a report to Congress on 

10 the results of the program required under paragraph 

11 (1), including— 

12 (A) the total number of filers who sub13 mitted incorrect information returns; 

14 (B) the number of incorrect information 

15 returns submitted by such filers; 

16 (C) the total amount of penalties proposed, 

17 assessed, and collected through the program; 

18 and 

19 (D) the number of waivers granted to filers 

20 of incorrect information returns. 

21 SEC. 617. CLARIFICATION OF INHERENT AUTHORITY OF 

22 STATE AND LOCAL LAW ENFORCEMENT. 

23 Notwithstanding any other provision of law and re24 affirming the existing inherent authority of States, law en25 forcement personnel of a State or a political subdivision 
37 

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

2 to apprehend, arrest, detain, or transfer to Federal cus3 tody, aliens in the United States (including the transpor4 tation of such aliens across State lines to detention cen5 ters), in the enforcement of the immigration laws of the 

6 United States. 

7 SEC. 618. IMMIGRATION AND CUSTOMS ENFORCEMENT RE8 SPONSE TO REQUESTS FOR ASSISTANCE 

9 FROM STATE AND LOCAL LAW ENFORCE10 MENT. 

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

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

13 inserting after section 240C the following: 

14 ‘‘CUSTODY OF ILLEGAL ALIENS

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

16 State or, if appropriate, a political subdivision of the 

17 State, exercising authority with respect to the apprehen18 sion of an illegal alien submits a request to the Secretary 

19 of Homeland Security that the alien be taken into Federal 

20 custody, the Secretary of Homeland Security— 

21 ‘‘(1) shall— 

22 ‘‘(A) not later than 48 hours after the con23 clusion of the State charging process or dis24 missal process, or if no State charging or dis25 missal process is required, not later than 48 

26 hours after the illegal alien is apprehended, 
38 

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1 take the illegal alien into the custody of the 

2 Federal Government and incarcerate the alien; 

3 or 

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

5 local law enforcement agency temporarily incar6 cerate or transport the illegal alien for transfer 

7 to Federal custody; and 

8 ‘‘(2) shall designate a Federal, State, or local 

9 prison or jail or a private contracted prison or deten10 tion facility within each State as the central facility 

11 for that State to transfer custody of the criminal or 

12 illegal aliens to the Department of Homeland Secu13 rity. 

14 ‘‘(b)(1) The Secretary of Homeland Security shall re15 imburse States, units of local government, and any private 

16 contractors for all reasonable expenses, as determined by 

17 the Secretary, incurred in the incarceration and transpor18 tation of an illegal alien as described in subsection (a)(1). 

19 ‘‘(2) Compensation provided for costs incurred under 

20 subsection (a)(1) shall be equal to the sum of— 

21 ‘‘(A) the average cost of incarceration of a pris22 oner in the relevant State, as determined by the 

23 chief executive officer of a State or, as appropriate, 

24 a political subdivision of the State; and 
39 

•S 2117 IS

1 ‘‘(B) the cost of transporting the criminal or il2 legal alien from the point of apprehension, to the 

3 place of detention, and to the custody transfer point 

4 if the place of detention and place of custody are dif5 ferent. 

6 ‘‘(c) The Secretary of Homeland Security shall en7 sure that illegal aliens incarcerated in facilities pursuant 

8 to this section are held in facilities which provide an ap9 propriate level of security. 

10 ‘‘(d)(1) In carrying out this section, the Secretary of 

11 Homeland Security may establish a regular circuit and 

12 schedule for the prompt transfer of apprehended illegal 

13 aliens from the custody of States, political subdivisions of 

14 States, and private contractors to Federal custody. 

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

16 into contracts with appropriate State and local law en17 forcement and detention officials to implement this sec18 tion. 

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

20 alien’ means an alien who— 

21 ‘‘(1) entered the United States without inspec22 tion or at any time or place other than that des23 ignated by the Secretary of Homeland Security; 

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

25 at the time the alien was taken into custody by the 
40 

•S 2117 IS

1 State or a political subdivision of the State, had 

2 failed to— 

3 ‘‘(A) maintain the nonimmigrant status in 

4 which the alien was admitted or to which it was 

5 changed under section 248; or 

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

7 such status; 

8 ‘‘(3) was admitted as an immigrant and has 

9 subsequently failed to comply with the requirements 

10 of that status; or 

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

12 voluntary departure agreement or under a final 

13 order of removal.’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

15 DETENTION AND TRANSPORTATION TO FEDERAL CUS16 TODY OF ALIENS NOT LAWFULLY PRESENT.—There are 

17 authorized to be appropriated $500,000,000 for fiscal year 

18 2006 and each subsequent fiscal year for the detention 

19 and removal of aliens not lawfully present in the United 

20 States under the Immigration and Nationality Act (8 

21 U.S.C. 1101 et seq.). 
41 

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1 Subtitle C—Technology 

2 SEC. 621. CONSTRUCTION OF FENCING AND SECURITY IM3 PROVEMENTS IN BORDER AREA FROM PA4 CIFIC OCEAN TO GULF OF MEXICO. 

5 Section 102(b) of the Illegal Immigration Reform and 

6 Immigrant Responsibility Act of 1996 (division C of Pub7 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 

8 (1) in the heading by striking ‘‘NEAR SAN

9 DIEGO, CALIFORNIA’’; 

10 (2) by amending paragraph (1) to read as fol11 lows: 

12 ‘‘(1) SECURITY FEATURES.— 

13 ‘‘(A) REINFORCED FENCING.— 

14 ‘‘(i) IN GENERAL.—In carrying out 

15 subsection (a), the Secretary of Homeland 

16 Security shall provide for— 

17 ‘‘(I) the construction along the 

18 southern international land border of 

19 the United States, starting at the Pa20 cific Ocean and extending eastward to 

21 the Gulf of Mexico, of at least 2 lay22 ers of reinforced fencing; and 

23 ‘‘(II) the installation of such ad24 ditional physical barriers, roads, light25 ing, and sensors along such border as 
42 

•S 2117 IS

1 may be necessary to eliminate illegal 

2 crossings along such border, includ3 ing— 

4 ‘‘(aa) 2 coils of barbed wire; 

5 ‘‘(bb) 2 tall, sturdy wire 

6 fences, with sensors to warn of 

7 any incursion; 

8 ‘‘(cc) a patrol path for vehi9 cles between the fences described 

10 in item (bb); 

11 ‘‘(dd) a smoothed strip of 

12 sand that runs parallel to the 

13 fences to detect footprints; 

14 ‘‘(ee) 2 ditches to prevent 

15 vehicles from approaching either 

16 fence; 

17 ‘‘(ff) closed circuit television 

18 cameras; and 

19 ‘‘(gg) motion detectors. 

20 ‘‘(ii) PRIORITY AREAS.—With respect 

21 to the border described in clause (i), the 

22 Secretary shall ensure that initial fence 

23 construction occurs in high traffic and 

24 smuggling areas along such border. 
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1 ‘‘(iii) CONSULTATION.—Before install2 ing any fencing or other physical barriers, 

3 roads, lighting, or sensors under clause (i) 

4 on land transferred by the Secretary of 

5 Defense under subparagraph (B), the Sec6 retary shall consult with the Secretary of 

7 Defense for purposes of mitigating or lim8 iting the impact of the fencing, barriers, 

9 roads, lighting, and sensors on military 

10 training and operations. 

11 ‘‘(B) BORDER ZONE CREATION AND ACQUI12 SITION.— 

13 ‘‘(i) IN GENERAL.—In carrying out 

14 subsection (a), the Secretary of Homeland 

15 Security shall create and control a border 

16 zone, along the international land border 

17 described in subparagraph (A), subject to 

18 the following conditions: 

19 ‘‘(I) SIZE.—The border zone 

20 shall consist of the United States land 

21 area within 100 yards of the inter22 national land border described in sub23 paragraph (A), except that with re24 spect to areas of the border zone that 

25 are contained within an organized 
44 

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1 subdivision of a State or local govern2 ment, the Secretary may adjust the 

3 area included in the border zone to 

4 accommodate existing public and pri5 vate structures. 

6 ‘‘(II) TREATMENT OF FEDERAL

7 LAND.—Not later than 30 days after 

8 the date of the enactment of the 

9 Southwest Border Security Act, the 

10 head of each Federal agency having 

11 jurisdiction over Federal land included 

12 in the border zone shall transfer such 

13 land, without reimbursement, to the 

14 administrative jurisdiction of the Sec15 retary of Homeland Security. 

16 ‘‘(III) TREATMENT OF INDIAN

17 LANDS.—With respect to Indian lands 

18 included within the border zone, the 

19 Secretary shall obtain, through agree20 ment, donation, purchase, or con21 demnation, the rights, titles, or inter22 ests in such real property that are 

23 sufficient to provide for the construc24 tion of the security features described 

25 in subparagraph (A)(i) and access to 
45 

•S 2117 IS

1 the border zone as may be necessary 

2 to deter illegal crossings into the 

3 United States. In this subclause, the 

4 terms ‘Indian lands’ and ‘Indian tribe’ 

5 shall have the meaning given such 

6 terms in section 2103 of the Revised 

7 Statutes (25 U.S.C. 81). 

8 ‘‘(ii) PROPERTY REVIEW AND ACQUISI9 TION.— 

10 ‘‘(I) PROPERTY REVIEW.—The 

11 Secretary shall conduct a comprehen12 sive review and value assessment of all 

13 property in the border zone owned by 

14 private parties, States, and local gov15 ernments. 

16 ‘‘(II) COMPLETION OF RE17 VIEW.—The Secretary shall complete 

18 the review required by subclause (I)— 

19 ‘‘(aa) not later than 180 

20 days after the date of the enact21 ment of the Southwest Border 

22 Security Act, in the case of pri23 ority areas identified by subpara24 graph (A)(ii); and 
46 

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1 ‘‘(bb) not later than 360 

2 days after the date of the enact3 ment of the Southwest Border 

4 Security Act in the case of other 

5 land in the border zone. 

6 ‘‘(III) ACQUISITION.—As soon as 

7 practicable after the date of the enact8 ment of the Southwest Border Secu9 rity Act, the Secretary shall com10 mence proceedings for the acquisition 

11 of the rights, titles, or interest in such 

12 real property covered by the review 

13 described in subclause (I) in accord14 ance with section 103(b) of the Immi15 gration and Nationality Act (8 U.S.C. 

16 1103(b)), and that are sufficient to 

17 provide for the construction of the se18 curity features described in subpara19 graph (A)(i) and access to the border 

20 zone as may be necessary to deter ille21 gal crossings into the United States. 

22 ‘‘(iii) OTHER USES.—The Secretary 

23 may authorize the use of land included in 

24 the border zone for other purposes so long 

25 as such use does not impede the operation 
47 

•S 2117 IS

1 or effectiveness of the security features in 

2 stalled under subparagraph (A)(i) or the 

3 ability of the Secretary to carry out sub4 section (a).’’; and 

5 (3) by striking ‘‘Attorney General’’ and insert6 ing ‘‘Secretary of Homeland Security’’ each place it 

7 appears. 

8 SEC. 622. STUDY AND REPORT ON THE USE OF TECH9 NOLOGY TO PREVENT UNLAWFUL IMMIGRA10 TION. 

11 (a) STUDY.—The Secretary of Homeland Security 

12 shall conduct a study of available technology, including 

13 radar animal detection systems, that could be utilized to 

14 increase the security of the international borders of the 

15 United States and to permit law enforcement officials to 

16 detect and prevent illegal immigration. 

17 (b) REPORT.—Not later than 6 months after the date 

18 of the enactment of this Act, the Secretary of Homeland 

19 Security shall submit to Congress a report on the study 

20 carried out under subsection (a). The report shall include 

21 the recommendations of the Secretary related to the effi22 cacy of the technologies studied. 
48 

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1 TITLE VII—DAY LABORER 

2 CENTERS 

3 SEC. 701. USE OF DAY LABORER CENTER TO SECURE EM4 PLOYMENT FOR ILLEGAL ALIENS. 

5 It shall be unlawful for any person to operate a day 

6 laborer center if the person knows, or reasonably should 

7 know, that the center is being used to secure employment 

8 for aliens who are not authorized to work in the United 

9 States. 

10 SEC. 702. NOTIFICATION. 

11 If any employee of the Department of Homeland Se12 curity is notified of the presence, at a specific location, 

13 of a group of aliens who may be in the United States in 

14 violation of any provision of the Immigration and Nation15 ality Act (8 U.S.C. 1101 et seq.)— 

16 (1) the employee shall notify the appropriate in17 vestigative authority of the Department; and 

18 (2) such authority shall investigate the violation 

19 and enforce, to the fullest extent possible, all appli20 cable immigration, employment, tax, and other laws 

21 against employers, illegal workers, and day labor 

22 center operators and managers. 

23 SEC. 703. REFERRALS TO THE IRS. 

24 Any investigative authority of the Department of 

25 Homeland Security conducting an investigation under sec-
49 

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1 tion 702(2) shall provide relevant information obtained 

2 through such investigation to the appropriate investigative 

3 authority of the Internal Revenue Service to further inves4 tigate all tax evasion violations by employers or illegal 

5 workers using the day labor site for a hiring arrangement. 

6 SEC. 704. AMENDMENTS TO IMMIGRATION AND NATION7 ALITY ACT. 

8 Section 274A of the Immigration and Nationality Act 

9 (8 U.S.C. 1324a) is amended— 

10 (1) in subsection (a)(1)— 

11 (A) by amending subparagraph (A) to read 

12 as follows: 

13 ‘‘(A)(i) to hire, recruit, or refer an alien 

14 for employment in the United States, knowing 

15 or having reason to know that the alien is an 

16 unauthorized alien (as defined in subsection 

17 (h)(3)) with respect to such employment; or 

18 ‘‘(ii) to provide services intended to assist 

19 an alien in obtaining employment in the United 

20 States, knowing or having reason to know that 

21 the alien is an unauthorized alien; or’’; 

22 (B) in subparagraph (B), by amending 

23 clause (ii) to read as follows: 

24 ‘‘(ii) if the person or entity is an agricul25 tural association, agricultural employer, farm 
50 

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1 labor contractor (as defined in section 3 of the 

2 Migrant and Seasonal Agricultural Worker Pro3 tection Act (29 U.S.C. 1802), or an entity pro4 viding employment services, to hire, recruit, or 

5 refer an individual for employment in the 

6 United States in violation of the requirements 

7 of subsection (b).’’; 

8 (2) in subsection (b)(3)(A) by striking ‘‘for a 

9 fee’’; 

10 (3) in subsection (e)(4)(B)(i), by striking ‘‘for 

11 a fee’’; and 

12 (4) in subsection (h)(2), by striking ‘‘or recruit 

13 or refer for a fee’’ and inserting ‘‘recruit, or refer’’. 

14 SEC. 705. AMENDMENT TO PERSONAL RESPONSIBILITY 

15 AND WORK OPPORTUNITY RECONCILIATION 

16 ACT OF 1996. 

17 Section 411(c)(1)(B) of the Personal Responsibility 

18 and Work Opportunity Reconciliation Act of 1996 (8 

19 U.S.C. 1621(c)(1)(B)) is amended by inserting ‘‘employ20 ment services,’’ after ‘‘unemployment benefit,’’. 
51 

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1 TITLE VIII—HIGHER EDUCATION 

2 BENEFITS FOR ILLEGAL ALIENS 

3 SEC. 801. LIMITATION ON ELIGIBILITY. 

4 Section 505 of the Illegal Immigration Reform and 

5 Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is 

6 amended— 

7 (1) in subsection (a), by striking ‘‘on the basis 

8 of residence’’ and all that follows and inserting ‘‘for 

9 any postsecondary education benefit unless every cit10 izen or national of the United States is entitled to 

11 such a benefit in an amount, duration, and scope 

12 that is not less than the benefit available to the alien 

13 without regard to whether the citizen or national is 

14 a resident of the State or has attended or graduated 

15 from a school in the State.’’; 

16 (2) by redesignating subsection (b) as sub17 section (c); and 

18 (3) by inserting after subsection (a) the fol19 lowing: 

20 ‘‘(b) PRIVATE CAUSE OF ACTION.— 

21 ‘‘(1) IN GENERAL.—Any citizen or national of 

22 the United States who is attending, or is enrolled in, 

23 a postsecondary educational institution alleged to 

24 have violated subsection (a) may commence a civil 
52 

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1 action in a court of competent jurisdiction, to en2 force the terms of subsection (a), against— 

3 ‘‘(A) any official of the State agency that 

4 governs such postsecondary educational institu5 tions; or 

6 ‘‘(B) the postsecondary educational institu7 tion. 

8 ‘‘(2) FEES AND COSTS.—If an individual de9 scribed in paragraph (1) establishes a violation of 

10 subsection (a) to the satisfaction of the court, the 

11 court shall— 

12 ‘‘(A) provide all appropriate relief to the 

13 individual; and 

14 ‘‘(B) award attorney fees and costs to the 

15 individual.’’. 

Æ