curity, and the Department of Labor, may have 
access to any information contained in the 
Database. 
‘‘(B) PROTECTION
FROM
UNAUTHORIZED 
DISCLOSURE.—Information in the Database 
shall be adequately protected against unauthor-
ized disclosure for other purposes, as provided 
in regulations established by the Commissioner 
of Social Security, in consultation with the Sec-
retary of Homeland Security and the Secretary 
of Labor. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to design, implement, and 
maintain the Database. 
‘‘(c) GRADUAL IMPLEMENTATION.—The Commis-
sioner of Social Security, in coordination with the Sec-
retary of Homeland Security and the Secretary of Labor 
shall develop a plan to phase all workers into the Database 
and phase out the employer verification system established 
in section 274A over a period of time that the Commis-
sioner determines to be appropriate. 
‘‘(d) EMPLOYER RESPONSIBILITIES.—Each employer 
shall—
‘‘(1) notify employees and prospective employ-
ees of the use of the System and that the System 
may be used for immigration enforcement purposes; 
‘‘(2) verify the identification and employment 
authorization status for newly hired individuals de-
scribed in section 101(a)(15)(H)(v)(a) not later than 
3 days after the date of hire; 
‘‘(3) use— 
‘‘(A) a machine-readable document de-
scribed in subsection (a)(3)(B); or 
‘‘(B) the telephonic or electronic system to 
access the Database; 
‘‘(4) provide, for each employer hired, the occu-
pation, metropolitan statistical area of employment, 
and annual compensation paid; 
‘‘(5) retain the code received indicating con-
firmation or nonconfirmation, for use in investiga-
tions described in section 212(n)(2); and 
‘‘(6) provide a copy of the employment 
verification receipt to such employees. 
‘‘(e) GOOD-FAITH COMPLIANCE.— 
‘‘(1) AFFIRMATIVE DEFENSE.—A person or en-
tity that establishes good faith compliance with the 
requirements of this section with respect to the em-
ployment of an individual in the United States has
established an affirmative defense that the person or 
entity has not violated this section. 
‘‘(2) LIMITATION.—Paragraph (1) shall not 
apply if a person or entity engages in an unlawful 
immigration-related employment practice described 
in subsection (a)(7).’’. 
(b) INTERIM DIRECTIVE.—Before the implementa-
tion of the Employment Eligibility Confirmation System 
(referred to in this section as the ‘‘System’’) established 
under section 274E of the Immigration and Nationality 
Act, as added by subsection (a), the Commissioner of So-
cial Security, in coordination with the Secretary of Home-
land Security, shall, to the maximum extent practicable, 
implement an interim system to confirm employment eligi-
bility that is consistent with the provisions of such section. 
(c) REPORTS.— 
(1) IN
GENERAL.—Not later than 3 months 
after the last day of the second year and of the third 
year that the System is in effect, the Comptroller 
General of the United States shall submit to the 
Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Rep-
resentatives a report on the System. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include—
(A) an assessment of the impact of the 
System on the employment of unauthorized 
workers; 
(B) an assessment of the accuracy of the 
Employment Eligibility Database maintained by 
the Department of Homeland Security and So-
cial Security Administration databases, and 
timeliness and accuracy of responses from the 
Department of Homeland Security and the So-
cial Security Administration to employers; 
(C) an assessment of the privacy, confiden-
tiality, and system security of the System; 
(D) assess whether the System is being im-
plemented in a nondiscriminatory manner; and 
(E) include recommendations on whether 
or not the System should be modified. 
SEC. 403. IMPROVED ENTRY AND EXIT DATA SYSTEM. 
Section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) 
is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in subsection (b)—
(A) in paragraph (1)(C), by striking ‘‘Jus-
tice’’ and inserting ‘‘Homeland Security’’; 
(B) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(6) collects the biometric machine-readable in-
formation from an alien’s visa or immigration-re-
lated document described in section 221(a)(3) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1201(a)(3) at the time an alien arrives in the United 
States and at the time an alien departs from the 
United States to determine if such alien is entering, 
or is present in, the United States unlawfully.’’; and 
(3) in subsection (f)(1), by striking ‘‘Depart-
ments of Justice and State’’ and inserting ‘‘Depart-
ment of Homeland Security and the Department of 
State’’. 
SEC. 404. DEPARTMENT OF LABOR INVESTIGATIVE AU-
THORITIES. 
Section 212(n)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)(2)) is amended— 
(1) by redesignating subparagraph (H) as sub-
paragraph (J); and
(2) by inserting after subparagraph (G) the fol-
lowing: 
‘‘(H)(i) The Secretary of Labor may initiate an 
investigation of any employer that employs non-
immigrants described in section 101(a)(15)(H)(v)(a) 
if the Secretary, or the Secretary’s designee— 
‘‘(I) certifies that reasonable cause exists 
to believe that the employer is out of compli-
ance with the Secure America and Orderly Im-
migration Act or section 274E; and 
‘‘(II) approves the commencement of the 
investigation. 
‘‘(ii) In determining whether reasonable cause 
exists to initiate an investigation under this section, 
the Secretary shall— 
‘‘(I) monitor the Willing Worker-Willing 
Employer Electronic Job Registry; 
‘‘(II) monitor the Employment Eligibility 
Confirmation System, taking into consideration 
whether— 
‘‘(aa) an employer’s submissions to 
the System generate a high volume of ten-
tative nonconfirmation responses relative 
to other comparable employers;
‘‘(bb) an employer rarely or never 
screens hired individuals; 
‘‘(cc) individuals employed by an em-
ployer rarely or never pursue a secondary 
verification process as established in sec-
tion 274E; or 
‘‘(dd) any other indicators of illicit, 
inappropriate or discriminatory use of the 
System, especially those described in sec-
tion 274E(a)(6)(D), exist; and 
‘‘(III) consider any additional evidence 
that the Secretary determines appropriate. 
‘‘(iii) Absent other evidence of noncompliance, 
an investigation under this subparagraph should not 
be initiated for lack of completeness or obvious inac-
curacies by the employer in complying with section 
101(a)(15)(H)(v)(a).’’. 
SEC. 405. PROTECTION OF EMPLOYMENT RIGHTS. 
The Secretary and the Secretary of Homeland Secu-
rity shall establish a process under which a nonimmigrant 
worker described in clause (ii)(b) or (v)(a) of section 
101(a)(15)(H) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)) who files a nonfrivolous com-
plaint regarding a violation of this section and is otherwise 
eligible to remain and work in the United States may be
allowed to seek other appropriate employment in the 
United States with an employer for a period not to exceed 
the maximum period of stay authorized for that non-
immigrant classification. 
SEC. 406. INCREASED FINES FOR PROHIBITED BEHAVIOR. 
Section 274B(g)(2)(B)(iv) of the Immigration and 
Nationality Act (8 U.S.C. 1324b(g)(2)(B)(iv)) is amend-
ed— 
(1) in subclause (I), by striking ‘‘not less than 
$250 and not more than $2,000’’ and inserting ‘‘not 
less than $500 and not more than $4,000’’; 
(2) in subclause (II), by striking ‘‘not less than 
$2,000 and not more than $5,000’’ and inserting 
‘‘not less than $4,000 and not more than $10,000’’; 
and 
(3) in subclause (III), by striking ‘‘not less than 
$3,000 and not more than $10,000’’ and inserting 
‘‘not less than $6,000 and not more than $20,000’’. 
TITLE 
V—PROMOTING 
CIR-
CULAR 
MIGRATION 
PAT-
TERNS 
SEC. 501. LABOR MIGRATION FACILITATION PROGRAMS. 
(a) AUTHORITY FOR PROGRAM.— 
(1) IN GENERAL.—The Secretary of State is 
authorized to enter into an agreement to establish
and administer a labor migration facilitation pro-
gram jointly with the appropriate official of a for-
eign government whose citizens participate in the 
temporary worker program authorized under section 
101(a)(15)(H)(v)(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(v)(a)). 
(2) PRIORITY.—In establishing programs under 
subsection (a), the Secretary of State shall place a 
priority on establishing such programs with foreign 
governments that have a large number of nationals 
working as temporary workers in the United States 
under such section 101(a)(15)(H)(v)(a). The Sec-
retary shall enter into such agreements not later 
than 3 months after the date of enactment of this 
Act or as soon thereafter as is practicable. 
(3) ELEMENTS OF PROGRAM.—A program es-
tablished under paragraph (1) may provide for— 
(A) the Secretary of State, in conjunction 
with the Secretary of Homeland Security and 
the Secretary of Labor, to confer with a foreign 
government— 
(i) to establish and implement a pro-
gram to assist temporary workers from 
such a country to obtain nonimmigrant
status 
under 
such 
section 
101(a)(15)(H)(v)(a); 
(ii) to establish programs to create 
economic incentives for aliens to return to 
their home country. 
(B) the foreign government to monitor the 
participation of its nationals in such a tem-
porary worker program, including departure 
from and return to a foreign country; 
(C) the foreign government to develop and 
promote a reintegration program available to 
such individuals upon their return from the 
United States; 
(D) the foreign government to promote or 
facilitate travel of such individuals between the 
country of origin and the United States; and 
(E) any other matters that the foreign gov-
ernment and United States find appropriate to 
enable such individuals to maintain strong ties 
to their country of origin. 
SEC. 502. BILATERAL EFFORTS WITH MEXICO TO REDUCE 
MIGRATION PRESSURES AND COSTS. 
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Migration from Mexico to the United States 
is directly linked to the degree of economic oppor-
tunity and the standard of living in Mexico. 
(2) Mexico comprises a prime source of migra-
tion to the United States. 
(3) Remittances from Mexican citizens working 
in the United States reached a record high of nearly 
$17,000,000,000 in 2004. 
(4) Migration patterns may be reduced from 
Mexico to the United States by addressing the de-
gree of economic opportunity available to Mexican 
citizens. 
(5) Many Mexican assets are held extra-legally 
and cannot be readily used as collateral for loans. 
(6) A majority of Mexican businesses are small 
or medium size with limited access to financial cap-
ital. 
(7) These factors constitute a major impedi-
ment to broad-based economic growth in Mexico. 
(8) Approximately 20 percent of Mexico’s popu-
lation works in agriculture, with the majority of this 
population working on small farms and few on large 
commercial enterprises. 
(9) The Partnership for Prosperity is a bilateral 
initiative launched jointly by the President of the
United States and the President of Mexico in 2001, 
which aims to boost the social and economic stand-
ards of Mexican citizens, particularly in regions 
where economic growth has lagged and emigration 
has increased. 
(10) The Presidents of Mexico and the United 
States and the Prime Minister of Canada, at their 
trilateral summit on March 23, 2005, agreed to pro-
mote economic growth, competitiveness, and quality 
of life in the agreement on Security and Prosperity 
Partnership of North America. 
(b) SENSE OF CONGRESS REGARDING PARTNERSHIP 
FOR PROSPERITY.—It is the sense of Congress that the 
United States and Mexico should accelerate the implemen-
tation of the Partnership for Prosperity to help generate 
economic growth and improve the standard of living in 
Mexico, which will lead to reduced migration, by— 
(1) increasing access for poor and under served 
populations in Mexico to the financial services sec-
tor, including credit unions; 
(2) assisting Mexican efforts to formalize its 
extra-legal sector, including the issuance of formal 
land titles, to enable Mexican citizens to use their 
assets to procure capital;
(3) facilitating Mexican efforts to establish an 
effective rural lending system for small- and me-
dium-sized farmers that will— 
(A) provide long term credit to borrowers; 
(B) develop a viable network of regional 
and local intermediary lending institutions; and 
(C) extend financing for alternative rural 
economic activities beyond direct agricultural 
production; 
(4) expanding efforts to reduce the transaction 
costs of remittance flows in order to increase the 
pool of savings available to help finance domestic in-
vestment in Mexico; 
(5) encouraging Mexican corporations to adopt 
internationally 
recognized 
corporate 
governance 
practices, including anti-corruption and transparency 
principles; 
(6) enhancing Mexican efforts to strengthen 
governance at all levels, including efforts to improve 
transparency and accountability, and to eliminate 
corruption, which is the single biggest obstacle to de-
velopment; 
(7) assisting the Government of Mexico in im-
plementing all provisions of the Inter-American Con-
vention Against Corruption (ratified by Mexico on