SEC. 115. INCREASED CRIMINAL PENALTIES FOR ALIEN 
SMUGGLING, DOCUMENT FRAUD, GANG VIO-
LENCE, AND DRUG TRAFFICKING. 
(a) ALIEN SMUGGLING.—Section 274(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1324(a)) is amend-
ed— 
(1) in paragraph (1)(B)— 
(A) in clause (i), by striking ‘‘10 years’’ 
and inserting ‘‘15 years’’; 
(B) in clause (ii), by striking ‘‘5 year’’ and 
inserting ‘‘10 years’’; and 
(C) in clause (iii), by striking ‘‘20 years’’ 
and inserting ‘‘40 years’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘one 
year, or both; or’’ and inserting ‘‘3 years, or 
both’’; 
(B) in subparagraph (B)— 
(i) in clause (i), by adding at the end 
the following: ‘‘be fined under title 18, 
United States Code, and imprisoned not 
less than 5 years nor more than 25 
years;’’; 
(ii) in clause (ii), by striking ‘‘or’’ at 
the end and inserting the following: ‘‘be 
fined under title 18, United States Code,
and imprisoned not less than 3 years not 
more than 20 years; or’’; and 
(iii) in clause (iii), by adding at the 
end the following: ‘‘be fined under title 18, 
United States Code, and imprisoned not 
more than 15 years; or’’; and 
(C) by striking the matter following clause 
(iii) and inserting the following: 
‘‘(C) in the case of a third or subsequent 
offense described in subparagraph (B) and for 
any other violation, shall be fined under title 
18, United States Code, and imprisoned not 
less than 5 years nor more than 15 years.’’; 
(3) in paragraph (3)(A), by striking ‘‘5 years’’ 
and inserting ‘‘10 years’’; and 
(4) in paragraph (4), by striking ‘‘10 years’’ 
and inserting ‘‘20 years’’. 
(b) DOCUMENT FRAUD.—Section 1546 of title 18, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘not more than 25 years’’ 
and inserting ‘‘not less than 25 years’’ 
(B) by inserting ‘‘and if the terrorism of-
fense resulted in the death of any person, shall
be punished by death or imprisoned for life,’’ 
after ‘‘section 2331 of this title)),’’; 
(C) by striking ‘‘20 years’’ and inserting 
‘‘imprisoned not more than 40 years’’; 
(D) by striking ‘‘10 years’’ and inserting 
‘‘imprisoned not more than 20 years’’; and 
(E) by striking ‘‘15 years’’ and inserting 
‘‘imprisoned not more than 25 years’’; and 
(2) in subsection (b), by striking ‘‘5 years’’ and 
inserting ‘‘10 years’’. 
(c) CRIMES OF VIOLENCE.— 
(1) IN
GENERAL.—Title 18, United States 
Code, is amended by inserting after chapter 51 the 
following: 
‘‘CHAPTER 52—ILLEGAL ALIENS 
‘‘Sec. 
‘‘1131. Enhanced penalties for certain crimes committed by illegal aliens. 
‘‘§ 1131. Enhanced penalties for certain crimes com-
mitted by illegal aliens 
‘‘(a) Any alien unlawfully present in the United 
States, who commits, or conspires or attempts to commit, 
a crime of violence or a drug trafficking offense (as de-
fined in section 924), shall be fined under this title and 
sentenced to not less than 5 years in prison. 
‘‘(b) If an alien who violates subsection (a) was pre-
viously ordered removed under the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) on the grounds of 
having committed a crime, the alien shall be sentenced to 
not less than 15 years in prison. 
‘‘(c) A sentence of imprisonment imposed under this 
section shall run consecutively to any other sentence of 
imprisonment imposed for any other crime.’’. 
(2) CLERICAL
AMENDMENT.—The table of 
chapters at the beginning of part I of title 18, 
United States Code, is amended by inserting after 
the item relating to chapter 51 the following: 
‘‘52. Illegal aliens ............................................................................... 1131’’. 
(d) CRIMINAL STREET GANGS.— 
(1) INADMISSIBILITY.—Section 212(a)(2) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(2)) is amended— 
(A) by redesignating subparagraph (F) as 
subparagraph (J); and 
(B) by inserting after subparagraph (E) 
the following: 
‘‘(F) ALIENS
WHO
ARE
MEMBERS
OF 
CRIMINAL STREET GANGS.—Any alien who is a 
member of a criminal street gang (as defined in 
section 521(a) of title 18, United States Code) 
is inadmissible.’’. 
(2) DEPORTABILITY.—Section 237(a)(2) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1227(a)(2)) is amended by adding at the end the 
following: 
‘‘(F) ALIENS
WHO
ARE
MEMBERS
OF 
CRIMINAL STREET GANGS.—Any alien who is a 
member of a criminal street gang (as defined in 
section 521(a) of title 18, United States Code) 
is deportable.’’. 
(3) TEMPORARY PROTECTED STATUS.—Section 
244(c)(2)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1254a(c)(2)(B)) is amended— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by striking the period at 
the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(iii) the alien is a member of a crimi-
nal street gang (as defined in section 
521(a) of title 18, United States Code).’’. 
SEC. 116. PENALTY FOR COUNTRIES THAT DO NOT ACCEPT 
RETURN OF NATIONALS. 
Section 243(d) of the Immigration and Nationality 
Act (8 U.S.C. 1253(d)) is amended— 
(1) by striking ‘‘On being notified’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Upon notification’’; and
(2) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(3) by adding at the end the following: 
‘‘(2) DENIAL OF ADMISSION.—The Secretary of 
Homeland Security, after making a determination 
that the government of a foreign country has denied 
or unreasonably delayed accepting an alien who is a 
citizen, subject, national, or resident of that country 
after the alien has been ordered removed, and after 
consultation with the Secretary of State, may deny 
admission to any citizen, subject, national or resi-
dent of that country until the country accepts the 
alien that was ordered removed.’’. 
SEC. 117. NO JUDICIAL REVIEW OF VISA REVOCATION. 
Section 221(i) of the Immigration and Nationality 
Act (8 U.S.C. 1201(i)) is amended by striking ‘‘, except 
in the context of a removal proceeding’’ and all that fol-
lows and inserting a period. 
SEC. 118. ALTERNATIVES TO DETENTION. 
The Secretary of Homeland Security shall implement 
pilot programs in all States to study the effectiveness of 
alternatives to detention, including electronic monitoring 
devices and intensive supervision programs, in ensuring
alien appearance at court and compliance with removal or-
ders. 
SEC. 119. ADDITIONAL IMMIGRATION PERSONNEL. 
(a) DEPARTMENT OF HOMELAND SECURITY.— 
(1) INVESTIGATIVE
PERSONNEL.—In addition 
to the positions authorized under section 5203 of the 
Intelligence Reform and Terrorism Prevention Act 
of 2004, for each of fiscal years 2006 through 2010, 
the Secretary of Homeland Security shall, subject to 
the availability of appropriations for such purpose, 
increase by not less than 200 the number of posi-
tions for investigative personnel within the Depart-
ment of Homeland Security investigating alien 
smuggling and immigration status violations above 
the number of such positions for which funds were 
made available during the preceding fiscal year. 
(2) TRIAL ATTORNEYS.—In each of fiscal years 
2006 through 2010, the Secretary of Homeland Se-
curity shall, subject to the availability of appropria-
tions for such purpose, increase the number of posi-
tions for attorneys in the Office of General Counsel 
of the Department of Homeland Security who rep-
resent the Department in immigration matters by 
not less than 100 above the number of such posi-
tions for which funds were made available during 
each preceding fiscal year. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the De-
partment of Homeland Security for each of fiscal 
years 2006 through 2010 such sums as may be nec-
essary to carry out this subsection. 
(b) DEPARTMENT OF JUSTICE.— 
(1) ASSISTANT ATTORNEY GENERAL FOR IMMI-
GRATION ENFORCEMENT.— 
(A) ESTABLISHMENT.—There is estab-
lished within the Department of Justice the po-
sition of Assistant Attorney General for Immi-
gration Enforcement, which shall coordinate 
and prioritize immigration litigation and en-
forcement in the Federal courts, including— 
(i) removal and deportation; 
(ii) employer sanctions; and 
(iii) alien smuggling and human traf-
ficking. 
(B) CONFORMING
AMENDMENT.—Section 
506 of title 28, United States Code, is amended 
by striking ‘‘ten’’ and inserting ‘‘11’’. 
(2) LITIGATION ATTORNEYS.—In each of fiscal 
years 2006 through 2010, the Attorney General
shall, subject to the availability of appropriations for 
such purpose, increase by not less than 50 the num-
ber of positions for attorneys in the Office of Immi-
gration Litigation of the Department of Justice. 
(3) UNITED STATES ATTORNEYS.—In each of 
fiscal years 2006 through 2010, the Attorney Gen-
eral shall, subject to the availability of appropria-
tions for such purpose, increase by not less than 50 
the number of attorneys in the United States Attor-
neys’ office to litigate immigration cases in the Fed-
eral courts. 
(4) IMMIGRATION JUDGES.—In each of fiscal 
years 2006 through 2010, the Attorney General 
shall, subject to the availability of appropriations for 
such purpose, increase by not less than 50 the num-
ber of immigration judges. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the De-
partment of Justice for each of fiscal years 2006 
through 2010 such sums as may be necessary to 
carry out this subsection, including the hiring of 
necessary support staff.
SEC. 120. COMPLETION OF BACKGROUND AND SECURITY 
CHECKS. 
Section 103 of the Immigration and Nationality Act 
(8 U.S.C. 1103) is amended by adding at the end the fol-
lowing: 
‘‘(i) Notwithstanding any other provision of law, the 
Secretary of Homeland Security, the Attorney General, or 
any court may not— 
‘‘(1) grant or order the grant of adjustment of 
status to that of an alien lawfully admitted for per-
manent residence; 
‘‘(2) grant or order the grant of any other sta-
tus, relief, protection from removal, or other benefit 
under the immigration laws; or 
‘‘(3) issue any documentation evidencing or re-
lated to such grant by the Attorney General, the 
Secretary, or any court, 
until such background and security checks as the Sec-
retary may in his discretion require have been completed 
to the satisfaction of the Secretary.’’. 
SEC. 121. DENIAL OF BENEFITS TO TERRORISTS AND 
CRIMINALS. 
Chapter 4 of title III of the Immigration and Nation-
ality Act (8 U.S.C. 1501 et seq.) is amended by adding 
at the end the following:
‘‘CONSTRUCTION 
‘‘SEC. 362. (a) Nothing in this Act or any other pro-
vision of law shall be construed to require the Secretary 
of Homeland Security, the Attorney General, the Sec-
retary of State, the Secretary of Labor, or any other au-
thorized head of any agency to grant any application, ap-
prove any petition, or grant or continue any status or ben-
efit under the immigration laws by, to, or on behalf of— 
‘‘(1) any alien described in subparagraphs 
(A)(i), (A)(iii), (B), or (F) of sections 212(a)(3) or 
subparagraphs (A)(i), (A)(iii), or (B) of section 
237(a)(4); 
‘‘(2) any alien with respect to whom a criminal 
or other investigation or case is pending that is ma-
terial to the alien’s inadmissibility, deportability, or 
eligibility for the status or benefit sought; or 
‘‘(3) any alien for whom all law enforcement 
checks, as deemed appropriate by such authorized 
official, have not been conducted and resolved. 
‘‘(b) An official described in subsection (a) may deny 
or withhold (with respect to an alien described in sub-
section (a)(1)) or withhold pending resolution of the inves-
tigation, case, or law enforcement checks (with respect to 
an alien described in paragraph (2) or (3) of subsection
(a)) any such application, petition, status or benefit on 
such basis.’’. 
SEC. 122. REINSTATEMENT OF PREVIOUS REMOVAL OR-
DERS. 
(a) IN GENERAL.—Section 241(a)(5) of the Immi-
gration and Nationality Act (8 U.S.C. 1231(a)(5)) is 
amended to read as follows: 
‘‘(5) REINSTATEMENT OF PREVIOUS REMOVAL 
ORDERS.— 
‘‘(A) REMOVAL.—The Secretary of Home-
land Security shall remove an alien who is an 
applicant for admission (other than an admis-
sible alien presenting himself or herself for in-
spection at a port of entry or an alien paroled 
into 
the 
United 
States 
under 
section 
212(d)(5)), after having been, on or after Sep-
tember 30, 1996, excluded, deported, or re-
moved, or having departed voluntarily under an 
order of exclusion, deportation, or removal. 
‘‘(B) JUDICIAL REVIEW.—The removal de-
scribed in subparagraph (A) shall not require 
any proceeding before an immigration judge, 
and shall be under the prior order of exclusion, 
deportation, or removal, which is not subject to 
reopening or review. The alien is not eligible
and may not apply for or receive any immigra-
tion relief or benefit under this Act or any other 
law, with the exception of sections 208 or 
241(b)(3) or the United Nations Convention 
Against Torture and Other Cruel, Inhuman, or 
Degrading Treatment or Punishment in the 
case of an alien who indicates either an inten-
tion to apply for asylum under section 208 or 
a fear of persecution or torture.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a)(1) shall take effect as if enacted on March 
1, 2003. 
SEC. 123. AUTOMATED ALIEN RECORDS. 
(a) IN GENERAL.—Not later than 5 years after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall automate the storage of alien records in an 
electronic format that is interoperable with the alien 
record keeping systems of the Department of Justice and 
accessible by other Federal agencies for the purposes of 
administering the immigration laws of the United States. 
(b) EXISTING RECORDS.—The Secretary of Home-
land Security shall automate all alien records that were 
created during the 5-year period ending on the date of 
enactment of this Act.
(c) OVERSIGHT.—The Chief Information Officer of 
the Department of Homeland Security shall be responsible 
for oversight and management of automating the storage 
of alien records in an electronic format. 
(d) OFFICIAL RECORD.—The automated alien record 
created under this section shall constitute the official 
record for purposes of the National Archives and Records 
Administration. 
(e) REPORTS.—The Secretary of Homeland Security 
shall report to the appropriate committees in Congress in 
2008 and 2010 on the progress made in automating alien 
records under this section. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $10,000,000 for each 
of the fiscal years 2006 through 2010 to carry out this 
section. 
SEC. 124. ANNUAL REPORT ON INTERIOR ENFORCEMENT. 
The Secretary of Homeland Security shall submit to 
Congress, by not later than January 15 of each year (be-
ginning with 2006) on the progress of enforcing immigra-
tion laws in the interior of the United States.
TITLE II—IMPROVED BORDER 
SECURITY 
SEC. 201. ASSIGNMENT OF MEMBERS OF THE ARMED 
FORCES TO ASSIST BUREAU OF BORDER SE-
CURITY AND BUREAU OF CITIZENSHIP AND 
IMMIGRATION SERVICES OF THE DEPART-
MENT OF HOMELAND SECURITY. 
(a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE-
FENSE.—Chapter 18 of title 10, United States Code, is 
amended by inserting after section 374 the following new 
section: 
‘‘§ 374a. Assignment of members to assist border pa-
trol and control 
‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission 
of a request consistent with subsection (b), the Secretary 
of Defense may assign members of the Army, Navy, Air 
Force, and Marine Corps to assist— 
‘‘(1) the Bureau of Border Security of the De-
partment of Homeland Security in preventing the 
entry of terrorists, drug traffickers, and illegal aliens 
into the United States; and 
‘‘(2) the United States Customs Service of the 
Department of Homeland Security in the inspection 
of cargo, vehicles, and aircraft at points of entry 
into the United States to prevent the entry of weap-
ons of mass destruction, components of weapons of 
mass destruction, prohibited narcotics or drugs, or 
other terrorist or drug trafficking items. 
‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment 
of members under subsection (a) may occur only if— 
‘‘(1) the assignment is at the request of the 
Secretary of Homeland Security; and 
‘‘(2) the request is accompanied by a certifi-
cation by the Secretary of Homeland Security that 
the assignment of members pursuant to the request 
is necessary to respond to a threat to national secu-
rity posed by the entry into the United States of ter-
rorists, drug traffickers, or illegal aliens. 
‘‘(c) TRAINING
PROGRAM
REQUIRED.—The Sec-
retary of Homeland Security and the Secretary of De-
fense, shall establish a training program to ensure that 
members receive general instruction regarding issues af-
fecting law enforcement in the border areas in which the 
members may perform duties under an assignment under 
subsection (a). A member may not be deployed at a border 
location pursuant to an assignment under subsection (a) 
until the member has successfully completed the training 
program. 
‘‘(d) CONDITIONS OF USE.—(1) Whenever a member 
who is assigned under subsection (a) to assist the Bureau
of Border Security or the United States Customs Service 
is performing duties at a border location pursuant to the 
assignment, a civilian law enforcement officer from the 
agency concerned shall accompany the member. 
‘‘(2) Nothing in this section shall be construed to— 
‘‘(A) authorize a member assigned under sub-
section (a) to conduct a search, seizure, or other 
similar law enforcement activity or to make an ar-
rest; and 
‘‘(B) supersede section 1385 of title 18 (popu-
larly known as the ‘Posse Comitatus Act’). 
‘‘(e) ESTABLISHMENT
OF ONGOING JOINT TASK 
FORCES.—(1) The Secretary of Homeland Security may 
establish ongoing joint task forces if the Secretary of 
Homeland Security determines that the joint task force, 
and the assignment of members to the joint task force, 
is necessary to respond to a threat to national security 
posed by the entry into the United States of terrorists, 
drug traffickers, or illegal aliens. 
‘‘(2) If established, the joint task force shall fully 
comply with the standards as set forth in this section. 
‘‘(f) NOTIFICATION REQUIREMENTS.—The Secretary 
of Homeland Security shall provide to the Governor of the 
State in which members are to be deployed pursuant to 
an assignment under subsection (a) and to local govern-
ments in the deployment area notification of the deploy-
ment of the members to assist the Department of Home-
land Security under this section and the types of tasks 
to be performed by the members. 
‘‘(g) REIMBURSEMENT REQUIREMENT.—Section 377 
of this title shall apply in the case of members assigned 
under subsection (a). 
‘‘(h) TERMINATION OF AUTHORITY.—No assignment 
may be made or continued under subsection (a) after Sep-
tember 30, 2007.’’. 
(b) COMMENCEMENT OF TRAINING PROGRAM.—The 
training program required by subsection (b) of section 
374a of title 10, United States Code, shall be established 
as soon as practicable after the date of the enactment of 
this title. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 374 the following new 
item: 
‘‘374a. Assignment of members to assist border patrol and control.’’. 
SEC. 202. NECESSARY ASSETS FOR CONTROLLING UNITED 
STATES BORDERS. 
(a) PERSONNEL.— 
(1) CUSTOMS AND BORDER PROTECTION OFFI-
CERS.—In each of the fiscal years 2006 through 
2010, the Secretary of Homeland Security shall in-
crease by not less than 250 the number of positions 
for full-time active duty Customs and Border Pro-
tection officers. 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) CUSTOMS AND BORDER PROTECTION 
OFFICERS.—There are authorized to be appro-
priated such sums as may be necessary for each 
of fiscal years 2006 through 2010 to carry out 
paragraph (1). 
(B) BORDER PATROL AGENTS.—There are 
authorized to be appropriated such sums as 
may be necessary for each of fiscal years 2006 
through 2010 to carry out section 5202 of the 
Intelligence Reform and Terrorism Prevention 
Act of 2004 (118 Stat. 3734). 
(C) TRANSPORTATION OF ALIENS.—There 
are authorized to be appropriated $25,000,000 
for each of fiscal years 2006 through 2010 for 
the transportation of aliens. 
(b) TECHNOLOGICAL ASSETS.— 
(1) ACQUISITION.—The Secretary of Homeland 
Security shall procure unmanned aerial vehicles, 
cameras, poles, sensors, radar, and other tech-
nologies necessary to achieve operational control of 
the borders of the United States.
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There 
are 
authorized 
to 
be 
appropriated 
$500,000,000 for each of fiscal years 2006 through 
2010 to carry out paragraph (1). 
(c) INFRASTRUCTURE.— 
(1) CONSTRUCTION OF BORDER CONTROL FA-
CILITIES.—The Secretary of Homeland Security 
shall construct all-weather roads and shall acquire 
vehicle barriers and necessary facilities to support 
its mission of achieving operational control of the 
borders of the United States. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There 
are 
authorized 
to 
be 
appropriated 
$500,000,000 for each of fiscal years 2006 through 
2010 to carry out paragraph (1). 
(d) BORDER PATROL CHECKPOINTS.—Temporary or 
permanent checkpoints may be maintained on roadways 
in border patrol sectors close to the border between the 
United States and Mexico. 
SEC. 203. EXPEDITED REMOVAL BETWEEN PORTS OF 
ENTRY. 
(a) IN GENERAL.—Section 235 of the Immigration 
and Nationality Act (8 U.S.C. 1225) is amended— 
(1) in subsection (b)(1)(A)(i), by striking ‘‘the 
officer’’ the inserting ‘‘a supervisory officer’’ and
(2) in subsection (c), by adding at the end the 
following: 
‘‘(4) EXPANSION.—The Secretary of Homeland 
Security shall make the expedited removal proce-
dures under this subsection available in all border 
patrol sectors on the southern border of the United 
States as soon as operationally possible. 
‘‘(5) TRAINING.—The Secretary of Homeland 
Security shall provide employees of the Department 
of Homeland Security with comprehensive training 
of the procedures authorized under this subsection.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $10,000,000 for each 
of fiscal years 2006 through 2010 to carry out the amend-
ments made by this section. 
SEC. 204. DOCUMENT FRAUD DETECTION. 
(a) TRAINING.—The Secretary of Homeland Security 
shall provide all customs and border protection officers 
with training in identifying and detecting fraudulent travel 
documents. Such training shall be developed in consulta-
tion with the Forensic Document Laboratory of the Immi-
gration and Customs Enforcement 
(b) FORENSIC DOCUMENT LABORATORY.—The Sec-
retary of Homeland Security shall provide all customs and
border protection officers with access to the Forensic Doc-
ument Laboratory. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 for each of 
fiscal years 2006 through 2010 to carry out this section. 
SEC. 205. REDUCING ILLEGAL IMMIGRATION AND ALIEN 
SMUGGLING ON TRIBAL LANDS. 
(a) GRANTS AUTHORIZED.—The Secretary of Home-
land Security may award grants to Indian tribes with 
lands adjacent to an international border of the United 
States that have been adversely affected by illegal immi-
gration. 
(b) USE OF FUNDS.—Grants awarded under sub-
section (a) may be used for— 
(1) law enforcement activities; 
(2) health care services; 
(3) environmental restoration; and 
(4) the preservation of cultural resources. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Homeland Secu-
rity shall submit a report to the Committee on the Judici-
ary of the Senate and the Committee on the Judiciary of 
the House of Representatives that— 
(1) describes the level of access of Border Pa-
trol agents on tribal lands;
(2) describes the extent to which enforcement of 
immigration laws may be improved by enhanced ac-
cess to tribal lands; 
(3) contains a strategy for improving such ac-
cess through cooperation with tribal authorities; and 
(4) identifies grants provided by the Depart-
ment of Homeland Security for Indian tribes, either 
directly or through State or local grants, relating to 
border security expenses. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $10,000,000 for each 
of fiscal years 2006 through 2010 to carry out this sec-
tion. 
TITLE III—SOCIAL SECURITY 
FOR WORKING AMERICANS 
SEC. 301. LETTERS TO EMPLOYERS BY THE COMMISSIONER 
OF SOCIAL SECURITY FOR PURPOSES OF RE-
SOLVING DISCREPANCIES IN WAGE RECORDS 
AND NOTIFICATION OF THE SECRETARY OF 
HOMELAND 
SECURITY 
REGARDING 
SUCH 
LETTERS. 
(a) IN GENERAL.—Section 205(c)(2) of the Social 
Security Act (42 U.S.C. 405(c)(2)) is amended by adding 
at the end the following new subparagraph:
‘‘(I)(i) In any case in which the Commissioner deter-
mines that the social security account numbers in the 
wage records provided to the Social Security Administra-
tion by an employer with respect to 10 or more employees 
do not match relevant records otherwise maintained by the 
Social Security Administration, the Commissioner shall 
promptly send to the employer a written notice— 
‘‘(I) informing the employer of the discrep-
ancies, 
‘‘(II) requesting such information as may be in 
the possession of the employer as would assist the 
Commissioner in resolving the discrepancies, and 
‘‘(III) informing the employer that a copy of 
such notice is being provided to the Secretary of 
Homeland Security to assist such Secretary in the 
enforcement of applicable Federal immigration laws 
relating to employment of individuals who are not 
authorized to work in the United States. 
‘‘(ii) In any case in which the Commissioner sends 
a notice described in clause (i) with respect to employees 
of an employer, the Commissioner shall simultaneously 
transmit a copy of such notice to the Secretary of Home-
land Security, including a listing of the names, addresses, 
and social security account numbers of such employees, 
according to the wage records described in clause (i), and
any nonmatching information with respect to the names, 
addresses, or social security account numbers of such em-
ployees in the relevant records otherwise maintained by 
the Social Security Administration.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to determinations 
by the Commissioner of Social Security (that relevant 
records maintained by the Commissioner do not match so-
cial security account numbers provided to the Commis-
sioner by employers) made on or after the date of the en-
actment of this Act. 
SEC. 302. TIGHTENING REQUIREMENTS FOR THE PROVI-
SION OF SOCIAL SECURITY NUMBERS ON 
WITHHOLDING EXEMPTION CERTIFICATES. 
(a) IN GENERAL.—Section 6724 of the Internal Rev-
enue Code of 1986 (relating to waiver; definitions and spe-
cial rules) is amended by adding at the end the following 
new subsection: 
‘‘(f) SPECIAL RULES WITH RESPECT TO SOCIAL SE-
CURITY NUMBERS ON WITHHOLDING EXEMPTION CER-
TIFICATES.— 
‘‘(1) AUTOMATIC WAIVER OF PENALTY IF SO-
CIAL
SECURITY
NUMBER
VERIFIED.—No penalty 
shall be imposed under this part with respect to the 
social security account number of an employee fur-
nished under section 6051(a)(2) if the employer 
verifies the employee’s identity pursuant to section 
205(c)(2) of the Social Security Act. 
‘‘(2) REASONABLE
CAUSE
WAIVER
NOT
TO 
APPLY.— 
‘‘(A) IN
GENERAL.—Subsection (a) shall 
not apply with respect to the social security ac-
count number of an employee furnished under 
section 6051(a)(2). 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply in any case in which the em-
ployer— 
‘‘(i) receives confirmation of an indi-
vidual’s 
identity 
pursuant 
to 
section 
205(c)(2) of the Social Security Act, or 
‘‘(ii) corrects a clerical error made by 
the employer with respect to the social se-
curity account number of an employee 
within 60 days after notification under sec-
tion 205(c)(2)(I) of the Social Security Act 
that the social security account number 
contained in wage records provided to the 
Social Security Administration by the em-
ployer with respect to the employee does 
not match the social security account num-
ber of the employee contained in relevant 
records otherwise maintained by the Social 
Security Administration.’’. 
(b) INCREASE
IN PENALTY
ON EMPLOYER PRO-
VIDING FALSE EMPLOYEE SOCIAL SECURITY ACCOUNT 
NUMBER.—Section 6721 of such Code (relating to imposi-
tion of penalty) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(f) INCREASED PENALTIES FOR FAILURE TO FUR-
NISH CORRECT SOCIAL SECURITY ACCOUNT NUMBER.— 
In the case of a failure to furnish the correct social secu-
rity account number under section 6051(a)(2)— 
‘‘(1) subsection (a)(1) shall be applied by sub-
stituting ‘$500’ for ‘$50’ and ‘$2,500,000’ for 
‘$250,000’, 
‘‘(2) subsection (b) shall not apply, 
‘‘(3) subsection (c) shall not apply, 
‘‘(4) subsection (d)(1)(A) shall be applied by 
substituting ‘$500,000’ for ‘$250,000’, and 
‘‘(5) subsection (e) shall be applied by sub-
stituting ‘$1,000’ for ‘$100’ in paragraph (2), and 
‘$2,500,000’ for ‘$250,000’ in paragraph (3)(A).’’. 
(c) EFFECTIVE DATES.—
(1) SUBSECTION (a).—The amendment made 
by subsection (a) shall apply to statements furnished 
after December 31, 2005. 
(2) SUBSECTION (b).—The amendment made 
by subsection (b) shall apply to failures occurring 
after December 31, 2005. 
SEC. 303. ANNUAL REPORTS TO THE CONGRESS REGARD-
ING LARGE EMPLOYERS WITH THE LARGEST 
NUMBERS OF EMPLOYEES WITH NON-MATCH-
ING SOCIAL SECURITY ACCOUNT NUMBERS. 
Section 205(c)(2) of the Social Security Act (as 
amended by section 301 of this title) is amended further 
by adding at the end the following new subparagraph: 
‘‘(J)(i) Not later than January 31 of 2006 and of 
each subsequent calendar year, the Commissioner of So-
cial Security, in consultation with the Secretary of the 
Treasury, shall— 
‘‘(I) determine the 500 large employers who, 
during the preceding calendar year, employed the 
largest number of employees whose social security 
account numbers, as furnished under section 
6051(a)(2) of the Internal Revenue Code of 1986, 
did not match relevant records otherwise maintained 
by the Commissioner or such Secretary as of the end 
of such calendar year,
‘‘(II) determine the 250 large employers with 
the highest percentages, expressed as a percentage 
of each employer’s workforce as of the end of such 
preceding calendar year, of employees described in 
subclause (I), and 
‘‘(III) report to the Committee on Ways and 
Means of the House of Representatives and the 
Committee on Finance of the Senate the identities 
and addresses of the employers described in sub-
clause (I) and the identities and addresses of the 
employers described in subclause (II) in connection 
with such preceding calendar year. 
‘‘(ii) For purposes of this subparagraph— 
‘‘(I) The term ‘large employer’ means, in con-
nection with any calendar year, an employer who 
normally employed more than 100 employees on a 
typical business day during the calendar year. 
‘‘(II) In the case of an employer which was not 
in existence throughout the calendar year, the deter-
mination of whether such employer is a large em-
ployer shall be based on the number of employees 
that it is reasonably expected such employer will 
normally employ on business days in the subsequent 
calendar year.
‘‘(III) The Commissioner, in consultation with 
the Secretary of the Treasury, may prescribe regula-
tions which provide for references in this clause to 
an employer to be treated as including references to 
predecessors of such employer.’’. 
SEC. 304. EXCLUSION OF UNAUTHORIZED WORK FROM 
WORK UPON WHICH CREDITABLE EARNINGS 
MAY BE BASED. 
(a) EXCLUSION OF UNAUTHORIZED EMPLOYMENT 
FROM EMPLOYMENT UPON WHICH CREDITABLE WAGES 
MAY BE BASED.—Section 210(a)(19) of the Social Secu-
rity Act (42 U.S.C. 410(a)(19)) is amended— 
(1) by striking ‘‘(19) Service’’ and inserting the 
following: 
‘‘(19)(A) Service performed by an alien while 
employed in the United States for any period during 
which the alien is not authorized to be so employed. 
‘‘(B) Service’’. 
(b) EXCLUSION OF UNAUTHORIZED FUNCTIONS AND 
SERVICES FROM TRADE
OR BUSINESS FROM WHICH 
CREDITABLE SELF-EMPLOYMENT INCOME MAY BE DE-
RIVED.—Section 211(c) of the Social Security Act (42 
U.S.C. 411(c)) is amended by inserting after paragraph 
(6) the following new paragraph:
‘‘(7) The performance of a function or service 
in the United States by an alien during any period 
for which the alien is not authorized to perform such 
function or service in the United States.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to wages earned, and 
self-employment income derived, before, on, or after the 
date of the enactment of this Act, except that such amend-
ments shall not apply with respect to monthly insurance 
benefits under title II of the Social Security Act of individ-
uals who became eligible for such benefits for a month 
beginning before the date of the enactment of this Act. 
For purposes of this subsection, an individual shall be 
deemed eligible for a benefit for a month if, upon filing 
application therefor in such month, such individual would 
be entitled to such benefit for such month. 
TITLE 
IV—WORK 
AUTHORIZA-
TION AND ENFORCEMENT 
SEC. 401. REQUIREMENT FOR EMPLOYERS TO CONDUCT 
EMPLOYMENT ELIGIBILITY VERIFICATION. 
(a) RENAMING
OF BASIC PILOT PROGRAM.—The 
basic pilot program established under section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1324a note) is hereby renamed as the ‘‘Employ-
ment Eligibility Verification System’’ (and is referred to 
in this section as such). 
(b) EXTENSION OF SCOPE OF PROGRAM.—The Sec-
retary of Homeland Security shall provide for the imple-
mentation of the Employment Eligibility Verification Sys-
tem throughout the United States on a timely basis, con-
sistent with the implementation of subsection (c) and such 
System shall continue in operation until the implementa-
tion of the employment eligibility verification system es-
tablished under the succeeding provisions of this title. 
(c) REQUIREMENT FOR USE OF EMPLOYMENT ELIGI-
BILITY VERIFICATION.— 
(1) IN GENERAL.—Subject to paragraph (3), 
any person or other entity that hires any individual 
for employment in the United States, including the 
Federal Government and any contractors of the Fed-
eral Government, shall participate in the Employ-
ment Eligibility Verification System. 
(2) SANCTIONS
FOR
NONCOMPLIANCE; CON-
TINUATION
OF
CURRENT
COMPLIANCE
AUTHOR-
ITY.—The provisions of paragraph (2) of section 
402(e) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (division C of Pub-
lic Law 104–208; 8 U.S.C. 1324a note) shall apply 
with respect to a person or entity required to partici-
pate in the Employment Eligibility Verification Sys-
tem in the same manner as such paragraph applies 
to a person or entity required to participate under 
such subsection. 
(3) EFFECTIVE
DATE.—The requirement of 
paragraph (1) applies to individuals hired on or 
after the date that is 30 days after the date of the 
enactment of this Act. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
required to carry out the Employment Eligibility 
Verification System throughout the United States. 
SEC. 402. AMENDMENTS TO THE SOCIAL SECURITY ACT RE-
LATING TO IDENTIFICATION OF INDIVID-
UALS. 
(a) ANTIFRAUD MEASURES FOR SOCIAL SECURITY 
CARDS.—Section 205(c)(2)(G) of the Social Security Act 
(42 U.S.C. 405(c)(2)(G)) is amended— 
(1) by inserting ‘‘(i)’’ after ‘‘(G)’’; 
(2) by striking ‘‘banknote paper’’ and inserting 
‘‘durable plastic or similar material’’; and 
(3) by adding at the end the following new 
clauses: 
‘‘(ii) Each Social Security card issued under this sub-
paragraph shall include an encrypted machine-readable
electronic identification strip which shall be unique to the 
individual to whom the card is issued. The Commissioner 
shall develop such electronic identification strip in con-
sultation with the Secretary of Homeland Security, so as 
to enable employers to use such strip in accordance with 
section 274A(a)(1)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(a)(1)(B)) to obtain access to the Em-
ployment Eligibility Database established by such Sec-
retary pursuant to section 4 of such Act with respect to 
the individual to whom the card is issued. 
‘‘(iii) Each Social Security card issued under this 
subparagraph shall contain— 
‘‘(I) physical security features designed to pre-
vent tampering, counterfeiting, or duplication of the 
card for fraudulent purposes; and 
‘‘(II) a disclaimer stating the following: ‘This 
card shall not be used for the purpose of identifica-
tion.’. 
‘‘(iv) The Commissioner shall provide for the issuance 
(or reissuance) to each individual who— 
‘‘(I) has been assigned a Social Security ac-
count number under subparagraph (B), 
‘‘(II) has attained the minimum age applicable, 
in the jurisdiction in which such individual engages
in employment, for legally engaging in such employ-
ment, and 
‘‘(III) files application for such card under this 
clause in such form and manner as shall be pre-
scribed by the Commissioner, 
a Social Security card which meets the preceding require-
ments of this subparagraph and which includes a recent 
digitized photograph of the individual to whom the card 
is issued. 
‘‘(v) The Commissioner shall maintain an ongoing ef-
fort to develop measures in relation to the Social Security 
card and the issuance thereof to preclude fraudulent use 
thereof.’’. 
(b) SHARING
OF INFORMATION WITH
THE SEC-
RETARY OF HOMELAND SECURITY.—Section 205(c)(2) of 
such Act is amended by adding at the end the following 
new subparagraph: 
‘‘(I) Upon the issuance of a Social Security account 
number under subparagraph (B) to any individual or the 
issuance of a Social Security card under subparagraph (G) 
to any individual, the Commissioner of Social Security 
shall transmit to the Secretary of Homeland Security such 
information received by the Commissioner in the individ-
ual’s application for such number or such card as such 
Secretary determines necessary and appropriate for ad-
ministration of the Enforcement First Immigration Re-
form Act of 2005. Such information shall be used solely 
for inclusion in the Employment Eligibility Database es-
tablished pursuant to section 4 of such Act.’’. 
(c) EFFECTIVE DATES.—The amendment made by 
subsection (a) shall apply with respect to Social Security 
cards issued after 2 years after the date of the enactment 
of this title. The amendment made by subsection (b) shall 
apply with respect to the issuance of Social Security ac-
count numbers and Social Security cards after 2 years 
after the date of the enactment of this title. 
SEC. 403. EMPLOYMENT ELIGIBILITY DATABASE. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish and maintain an Employment Eligi-
bility Database. The Database shall include data com-
prised of the citizenship status of individuals and the work 
and residency eligibility information (including expiration 
dates) with respect to individuals who are not citizens or 
nationals of the United States but are authorized to work 
in the United States. Such data shall include all such data 
maintained by the Department of Homeland Security as 
of the date of the establishment of such database and in-
formation obtained from the Commissioner of Social Secu-
rity pursuant to section 205(c)(2)(I) of the Social Security 
Act. The Secretary shall maintain ongoing consultations
with the Commissioner to ensure efficient and effective op-
eration of the Database. 
(b) INCORPORATION
OF
ONGOING
PILOT
PRO-
GRAMS.—To the extent that the Secretary determines ap-
propriate in furthering the purposes of subsection (a), the 
Secretary may incorporate the information, processes, and 
procedures employed in connection with the Citizen Attes-
tation Verification Pilot Program and the Employment 
Eligibility Verification Program into the operation and 
maintenance of the Database under subsection (a). 
(c) CONFIDENTIALITY.— 
(1) IN GENERAL.—No officer or employee of 
the Department of Homeland Security shall have ac-
cess to any information contained in the Database 
for any purpose other than— 
(A) the establishment of a system of 
records necessary for the effective administra-
tion of this title; or 
(B) any other purpose the Secretary of 
Homeland Security deems to be in the national 
security interests of the United States. 
(2) RESTRICTION.—The Secretary shall restrict 
access to such information to officers and employees 
of the United States whose duties or responsibilities
require access for the purposes described in para-
graph (1). 
(3) OTHER SAFEGUARDS.—The Secretary shall 
provide such other safeguards as the Secretary de-
termines to be necessary or appropriate to protect 
the confidentiality of information contained in the 
Database. 
(d) DEADLINE FOR MEETING REQUIREMENTS.—The 
Secretary shall complete the establishment of the Data-
base and provide for the efficient and effective operation 
of the Database in accordance with this section not later 
than 2 years after the date of the enactment of this title. 
SEC. 404. REQUIREMENTS RELATING TO INDIVIDUALS 
COMMENCING WORK IN THE UNITED STATES. 
(a) REQUIREMENTS FOR EMPLOYERS AND EMPLOY-
EES.—Section 274A(a)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(a)(1)) is amended to read as 
follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENTS FOR EMPLOYEES.— 
No individual may commence employment with 
an employer in the United States unless such 
individual has— 
‘‘(i) obtained a Social Security card 
issued by the Commissioner of Social Secu-
rity meeting the requirements of section 
205(c)(2)(G)(iii) of the Social Security 
Act; and 
‘‘(ii) displayed such card to the em-
ployer pursuant to the employer’s request 
for purposes of the verification required 
under subparagraph (B). 
‘‘(B) REQUIREMENTS FOR EMPLOYERS.— 
‘‘(i) IN GENERAL.—No employer may 
hire for employment an individual in the 
United States in any capacity unless such 
employer verifies under this subparagraph 
that such individual has in his or her pos-
session a Social Security card issued to 
such 
individual 
pursuant 
to 
section 
205(c)(2)(G) of the Social Security Act 
which bears a photograph of such indi-
vidual and that such individual is author-
ized to work in the United States in such 
capacity. Such verification shall be made in 
accordance with procedures prescribed by 
the Secretary of Homeland Security for the 
purposes of ensuring against fraudulent 
use of the card and accurate and prompt 
verification of the authorization of such in-
dividual to work in the United States in 
such capacity. 
‘‘(ii) VERIFICATION
PROCEDURES.— 
Such procedures shall include use of— 
‘‘(I) a phone verification system 
which shall be established by the Sec-
retary; or 
‘‘(II) a card-reader verification 
system employing a device approved 
by the Secretary as capable of reading 
the 
electronic 
identification 
strip 
borne by the card so as to verify the 
identity of the card holder and the 
card holder’s authorization to work, 
and which is made available at mini-
mal cost to the employer. 
‘‘(iii) SECURITY
AND
EFFECTIVE-
NESS.—The Secretary shall ensure that 
the phone verification system described in 
subparagraph (I) of clause (ii) is as secure 
and effective as the card-reader verification 
system described in subparagraph (II) of 
such clause. 
‘‘(iv) ACCESS
TO
DATABASE.—The 
Secretary shall ensure that, by means of
such procedures, the employer will have 
such access to the Employment Eligibility 
Database established and operated by the 
Secretary pursuant to section 4 of the En-
forcement First Immigration Reform Act 
of 2005 as to enable the employer to ob-
tain information, relating to the citizen-
ship, residency, and work eligibility of the 
individual seeking employment by the em-
ployer in any capacity, which is necessary 
to inform the employer as to whether the 
individual is authorized to work for the 
employer in the United States in such ca-
pacity. 
‘‘(v) DEFENSE.—An employer who es-
tablishes that the employer complied in 
good faith with the requirements of this 
subparagraph shall not be liable for hiring 
an unauthorized alien, if— 
‘‘(I) such hiring occurred due to 
an error in the phone verification sys-
tem, the card-reader verification sys-
tem, or the Employment Eligibility 
Database which was unknown to the
employer at the time of such hiring; 
and 
‘‘(II) the employer terminates 
that employment of the alien upon 
being informed of the error.’’. 
(b) CONFORMING AMENDMENTS.—Section 274A of 
the Immigration and Nationality Act (8 U.S.C. 1324a) is 
amended— 
(1) in subsection (a), by striking paragraphs 
(3), (5), and (6) and redesignating paragraphs (4) 
and (7) as paragraphs (3) and (4), respectively; 
(2) in subsection (b)— 
(A) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; 
(B) by amending the matter preceding 
paragraph (2) to read as follows: 
‘‘(b) EMPLOYMENT VERIFICATION FORMS.— 
‘‘(1) EMPLOYER
ATTESTATION
OF
COMPLI-
ANCE.—The verification procedures prescribed under 
subsection (a)(1)(B) shall include an attestation, 
made under penalty of perjury and on a form des-
ignated or established by the Secretary of Homeland 
Security by regulation, that the employer has com-
plied with such procedures.’’; and
(C) by striking paragraph (6); 
(3) by striking subsection (d); and 
(4) by amending subsection (h)(3) to read as 
follows: 
‘‘(3) DEFINITIONS.—For purposed of this sec-
tion: 
‘‘(A) The term ‘authorized to work in the 
United States’, when applied to an individual, 
means that the individual is not an unauthor-
ized alien. 
‘‘(B) The term ‘employer’ means— 
‘‘(i) any person or entity who hires an 
individual; or 
‘‘(ii) any individual earning self-em-
ployment income (as defined in section 
211(b) of the Social Security Act (42 
U.S.C. 411(b))). 
‘‘(C) The term ‘employee’ shall have the 
meaning given such term in section 210(j) of 
the Social Security Act (42 U.S.C. 410(j)). 
‘‘(D) The term ‘hire’ means to hire an in-
dividual, or to recruit or refer for a fee an indi-
vidual, for employment in the United States. 
‘‘(E) The term ‘unauthorized alien’ means, 
with respect to the employment of an alien at
a particular time, that the alien is not at that 
time— 
‘‘(i) an alien lawfully admitted for 
permanent residence; or 
‘‘(ii) authorized to be so employed by 
this Act or by the Secretary of Homeland 
Security.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 2 years after the date of the 
enactment of this title and shall apply to employment of 
any individual in any capacity commencing on or after 
such effective date. 
SEC. 405. COMPLIANCE. 
(a) IN GENERAL.—Section 274A(e) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(e)) is amended 
to read as follows: 
‘‘(e) COMPLIANCE.— 
‘‘(1) CIVIL PENALTY.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may assess a penalty, pay-
able to the Secretary, against any employer 
who— 
‘‘(i) hires an individual for employ-
ment in the United States in any capacity 
who is known by the employer not to be