(F) The impact of the current and pro-
jected foreign-born populations on enrollment, 
class size, teacher-student ratios, and the qual-
ity of education in public schools; an estimate 
of the public expenditures required to maintain 
current median standards; and the degree to 
which those standards will deteriorate if such 
expenditures are not forthcoming. 
(G) The impact of the current and pro-
jected foreign-born populations on homeowner-
ship rates, housing prices, and the demand for 
low-income and subsidized housing; the public 
expenditures required to maintain current me-
dian standards in these areas; and the degree 
to which those standards will deteriorate if such 
expenditures are not forthcoming. 
(H) The impact of the current and pro-
jected foreign-born populations on access to 
quality health care and on the cost of health 
care and health insurance; an estimate of the 
public expenditures required to maintain cur-
rent median standards; and the degree to which 
those standards will deteriorate if such expendi-
tures are not forthcoming.
(I) The impact of the current and pro-
jected foreign-born populations on the criminal 
justice system in the United States; and an es-
timate of the associated public costs. 
TITLE II—GUARANTEEING UNI-
FORM 
ENFORCEMENT 
TO 
STOP TERRORISM 
Subtitle A—No Access; No 
Opportunity 
SEC. 201. SENSE OF CONGRESS THAT THE MILITARY, WHEN 
FEASIBLE, SHOULD CONDUCT TRAINING EX-
ERCISES IN SUPPORTING FUNCTIONS FOR 
THE BORDER PATROL. 
It is the sense of Congress that the President should 
deploy United States military troops, when feasible, to 
conduct training exercises in supporting functions for the 
border patrol. 
SEC. 202. USE OF ARMY AND AIR FORCE TO SECURE THE 
BORDERS. 
Section 1385 of title 18, United States Code, is 
amended by inserting after ‘‘execute the laws’’ the fol-
lowing: ‘‘other than at or near a border of the United 
States in order to prevent aliens, terrorists, and drug 
smugglers from entering the United States’’.
SEC. 203. INCREASE IN FULL-TIME USCBP IMMIGRATION 
INSPECTORS. 
Subject to the availability of appropriations, the Sec-
retary of Homeland Security shall increase by 2,000 above 
the number funded in fiscal year 2006 the number of full-
time United States Customs and Border Protection immi-
gration inspectors by the end of fiscal year 2008. There 
are authorized to be appropriated such sums as may be 
necessary for such additional resources for support per-
sonnel and equipment for inspections as may be necessary 
to implement such an increase in inspectors. 
SEC. 204. INCREASE IN FULL-TIME USICE DETENTION AND 
REMOVAL OFFICERS. 
Subject to the availability of appropriations, the Sec-
retary of Homeland Security shall increase by 2,000 above 
the number funded in fiscal year 2006 the number of full-
time United States Immigration and Customs Enforce-
ment detention and removal officers by the end of the fis-
cal year 2008. There are authorized to be appropriated 
such sums as may be necessary for additional resources 
for support personnel and equipment for detention and re-
movals to implement such increase in personnel. 
SEC. 205. FUNCTIONS OF DETENTION AND REMOVAL OFFI-
CERS. 
Notwithstanding any other provision of law, detention 
and removal officers of the Department of Homeland Se-
curity at the GS–9 and GS–11 levels are authorized to 
perform interior patrol functions, including locating, de-
taining, and transporting aliens who have overstayed their 
visas, alien absconders, and aliens apprehended by State 
or local authorities. 
SEC. 206. INCREASE IN USICE CRIMINAL INVESTIGATORS 
FOR BENEFITS FRAUD. 
Subject to the availability of appropriations, the Sec-
retary of Homeland Security shall increase by 500 above 
the number funded in fiscal year 2006 the number of 
1811-series criminal investigators to be assigned to the 
benefits fraud unit in the United States Immigration and 
Customs Enforcement to do benefits and false claims in-
vestigation by the end of fiscal year 2008. There are au-
thorized to be appropriated such sums as may be nec-
essary for related training and support. 
SEC. 207. INCREASE IN ATTORNEYS FOR THE USICE LEGAL 
PROGRAM. 
Subject to the availability of appropriations, the Sec-
retary of Homeland Security shall increase by 300 above 
the number funded in fiscal year 2006 the number of at-
torneys for the United States Immigration and Customs 
Enforcement Legal Program by the end of the fiscal year 
2008. There are authorized to be appropriated such sums 
as may be necessary for related training and support.
SEC. 208. SUSPENSION OF VISA WAIVER PROGRAM. 
(a) Notwithstanding any other provision of law, the 
visa waiver program established under section 217 of the 
Immigration and Nationality Act is suspended until the 
Secretary of Homeland Security determines and certifies 
to the Congress that—
(1) the automated entry-exit control system au-
thorized under section 110 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1221 note), as amended, is fully im-
plemented and functional; 
(2) all United States ports of entry have func-
tional biometric machine readers; and 
(3) all nonimmigrants, including Border Cross-
ing Card holders, are processed through the auto-
mated entry-exit system. 
(b) Subparagraph (B) of section 217(a)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1187(a)(3)) is 
repealed. 
SEC. 209. CIVIL AND CRIMINAL PENALTIES FOR UNLAWFUL 
PRESENCE. 
(a) ALIENS UNLAWFULLY PRESENT.—Title II of the 
Immigration and Nationality Act (8 U.S.C. 1151 et seq.) 
is amended by inserting after section 275 the following:
‘‘CRIMINAL PENALTIES AND FORFEITURE FOR 
UNLAWFUL PRESENCE IN THE UNITED STATES 
‘‘SEC. 275A. (a) In addition to any other violation, 
an alien present in the United States in violation of this 
Act shall be guilty of a felony and shall be fined under 
title 18, United States Code, imprisoned not less than 1 
year, or both. The assets of any alien present in the 
United States in violation of this Act shall be subject to 
forfeiture under title 18, United States Code. 
‘‘(b) It shall be an affirmative defense to a violation 
of subsection (a) that the alien overstayed the time allot-
ted under the visa due to an exceptional and extremely 
unusual hardship or physical illness that prevented the 
alien from leaving the United States by the required 
date.’’. 
(b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL 
ENTRY.—Section 275(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1325(a)) is amended by striking ‘‘not 
more than 6 months,’’ and inserting ‘‘not less than 1 
year,’’. 
SEC. 210. LISTING OF IMMIGRATION VIOLATORS IN THE NA-
TIONAL CRIME INFORMATION CENTER DATA-
BASE. 
(a) PROVISION OF INFORMATION TO THE NCIC.—
Not later than 180 days after the date of enactment of
this Act, the Under Secretary for Border and Transpor-
tation Security of the Department of Homeland Security 
shall provide the National Crime Information Center of 
the Department of Justice with such information as the 
Director may have on any and all aliens against whom 
a final order of removal has been issued, any and all aliens 
who have signed a voluntary departure agreement, and 
any and all aliens who have overstayed their visa. Such 
information shall be provided to the National Crime Infor-
mation Center regardless of whether or not the alien re-
ceived notice of a final order of removal and even if the 
alien has already been removed. 
(b) INCLUSION
OF INFORMATION
IN
THE NCIC 
DATABASE.—Section 534(a) of title 28, United States 
Code, is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) acquire, collect, classify, and preserve 
records of violations of the immigration laws of the 
United States, regardless of whether or not the alien
has received notice of the violation and even if the 
alien has already been removed; and’’. 
(c) STATE AND LOCAL LAW ENFORCEMENT PROVI-
SION OF INFORMATION ABOUT APPREHENDED ILLEGAL 
ALIENS.—
(1) PROVISION OF INFORMATION.—
(A) IN
GENERAL.—In order to receive 
funds under the State Criminal Alien Assist-
ance Program described in section 241(i) of the 
Immigration and Nationality Act (8 U.S.C. 
1231(i)), States and localities shall provide to 
the Department of Homeland Security the in-
formation listed in subsection (b) on each alien 
apprehended in the jurisdiction of the State or 
locality who is believed to be in violation of an 
immigration law of the United States. 
(B) TIME LIMITATION.—Not later than 10 
days after an alien described in paragraph (1) 
is apprehended, information required to be pro-
vided under paragraph (1) must be provided in 
such form and in such manner as the Secretary 
of Homeland Security may, by regulation or 
guideline, require. 
(2) INFORMATION REQUIRED.—The information 
listed in this subsection is as follows:
(A) The alien’s name. 
(B) The alien’s address or place of resi-
dence. 
(C) A physical description of the alien. 
(D) The date, time, and location of the en-
counter with the alien and reason for stopping, 
detaining, apprehending, or arresting the alien. 
(E) If applicable, the alien’s driver’s li-
cense number and the State of issuance of such 
license. 
(F) If applicable, the type of any other 
identification document issued to the alien, any 
designation number contained on the identifica-
tion document, and the issuing entity for the 
identification document. 
(G) If applicable, the license plate number, 
make, and model of any automobile registered 
to, or driven by, the alien. 
(H) A photo of the alien, if available or 
readily obtainable. 
(I) The alien’s fingerprints, if available or 
readily obtainable. 
(3) REIMBURSEMENT.—The Department of 
Homeland Security shall reimburse States and local-
ities for all reasonable costs, as determined by the
Secretary of Homeland Security, incurred by that 
State or locality as a result of providing information 
required by this section. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated such sums as 
necessary to carry out this Act. 
(d) FORGERY OF FEDERAL DOCUMENTS.—
(1) IN
GENERAL.—Chapter 25 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 515. Federal records, documents, and writings, 
generally 
‘‘Any person who—
‘‘(1) falsely makes, alters, forges, or counter-
feits any Federal record, Federal document, Federal 
writing, or record, document or writing character-
izing, or purporting to characterize, official Federal 
activity, service, contract, obligation, duty, property, 
or chose; 
‘‘(2) utters or publishes as true, or possesses 
with intent to utter or publish as true, any record, 
document, or writing described in paragraph (1), 
knowing, or negligently failing to know, that such 
record, document or writing has not been verified,
has been inconclusively verified, is unable to be 
verified, or is false, altered, forged, or counterfeited; 
‘‘(3) transmits to, or presents at any office, or 
to any officer, of the United States, any records, 
document, or writing described in paragraph (1), 
knowing, or negligently failing to know, that such 
record, document or writing has not been verified, 
has been inconclusively verified, in unable to be 
verified, or is false, altered, forged, or counterfeited; 
‘‘(4) attempts, or conspires to commit, any of 
the acts described in paragraphs (1) through (3); or 
‘‘(5) while outside of the United States, engages 
in any of the acts described in paragraphs (1) 
through (3), 
shall be fined under this title, imprisoned not more than 
10 years, or both.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for chapter 25, of title 18, United States Code, 
is amended by inserting after the item relating to 
section 415 the following:
‘‘515. Federal records, documents, and writing, generally.’’.
SEC. 211. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT 
FRAUD, BENEFIT FRAUD, AND FALSE CLAIMS 
OF CITIZENSHIP. 
(a) PENALTIES
FOR DOCUMENT FRAUD.—Section 
274C(d)(3) of the Immigration and Nationality Act (8 
U.S.C. 1324c(d)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘$250 and 
not more than $2,000’’ and inserting ‘‘$500 and not 
more than $4,000’’; and 
(2) in subparagraph (B), by striking ‘‘$2,000 
and not more than $5,000’’ and inserting ‘‘$4,000 
and not more than $10,000’’. 
(b) FRAUD AND FALSE STATEMENTS.—Chapter 47 
of title 18, United States Code, is amended 
(1) in section 1015, by striking ‘‘five years’’ 
and inserting ‘‘10 years’’; and 
(2) in section 1028(b)—
(A) in paragraph (1), by striking ‘‘15 
years’’ and inserting ‘‘20 years’’; 
(B) in paragraph (2), by striking ‘‘three 
years’’ and inserting ‘‘six years’’; 
(C) in paragraph (3), by striking ‘‘20 
years’’ and inserting ‘‘25 years’’; and 
(D) in paragraph (6), by striking ‘‘one 
year’’ and inserting ‘‘two years’’.
SEC. 212. IDENTIFICATION STANDARD FOR FEDERAL BENE-
FITS. 
(a) FEDERAL AGENCIES.—No department, agency, 
commission, other entity, or employee of the Federal Gov-
ernment may accept, recognize, or rely on (or authorize 
the acceptance or recognition of or reliance on) for the 
purpose of establishing identity any document except those 
described in subsection (c). 
(b) STATE AND LOCAL AGENCIES.—No department, 
agency, commission, other entity, or employee of a State 
or local government charged with providing or approving 
applications for public benefits or services funded in whole 
or in part with Federal funds may accept, recognize, or 
rely on (or authorize the acceptance or recognition of or 
reliance on) for the purpose of establishing identity any 
document except those described in subsection (c). 
(c) DOCUMENTS DESCRIBED.—Documents described 
in this subsection are limited to—
(1)(A) Valid, unexpired United States pass-
ports, immigration documents, and other identity 
documents issued by a Federal authority. 
(B) Individual taxpayer identification numbers 
issued by the Internal Revenue Service shall not be 
considered identity documents for purposes of sub-
paragraph (A).
(2) Valid, unexpired identity documents issued 
by a State or local authority if—
(A) the State or local authority statutorily 
bars issuance of such identity documents to 
aliens unlawfully present in the United States; 
and 
(B) the State or local authority requires 
independent verification of records provided by 
the applicant in support of the application for 
such identity documents. 
(3) Valid, unexpired foreign passports, if such 
passports include or are accompanied by proof of 
lawful presence in the United States. 
SEC. 213. FINGERPRINTING OF APPLICANTS FOR UNITED 
STATES PASSPORTS. 
Section 1 of title IX of the Act of June 15, 1917 
(22 U.S.C. 213) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Before a pass-
port’’; 
(2) by adding at the end the following: 
‘‘(b) No new or replacement United States passport 
may be issued to any applicant on or after January 1, 
2008, unless—
‘‘(1) the applicant has been fingerprinted elec-
tronically; and
‘‘(2) the applicant’s fingerprints have been 
checked against the National Crime Information 
Center database of the Federal Bureau of Investiga-
tion.’’. 
SEC. 214. VISA TERM COMPLIANCE BONDS. 
(a) DEFINITIONS.—For purposes of this section: 
(1) VISA TERM COMPLIANCE BOND.—The term 
‘‘visa term compliance bond’’ means a written 
suretyship undertaking entered into by an alien indi-
vidual seeking admission to the United States on a 
nonimmigrant visa whose performance is guaranteed 
by a bail agent. 
(2) SURETYSHIP
UNDERTAKING.—The term 
‘‘suretyship undertaking’’ means a written agree-
ment, executed by a bail agent, which binds all par-
ties to its certain terms and conditions and which 
provides obligations for the visa applicant while 
under the bond and penalties for forfeiture to ensure 
the obligations of the principal under the agreement. 
(3) BAIL
AGENT.—The term ‘‘bail agent’’ 
means any individual properly licensed, approved, 
and appointed by power of attorney to execute or 
countersign bail bonds in connection with judicial 
proceedings and who receives a premium.
(4) SURETY.—The term ‘‘surety’’ means an en-
tity, as defined by, and that is in compliance with, 
sections 9304 through 9308 of title 31, United 
States Code, that agrees—
(A) to guarantee the performance, where 
appropriate, of the principal under a visa term 
compliance bond; 
(B) to perform as required in the event of 
a forfeiture; and 
(C) to pay over the principal (penal) sum 
of the bond for failure to perform. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(b) ISSUANCE OF BOND.—A consular officer may re-
quire an applicant for a nonimmigrant visa, as a condition 
for granting such application, to obtain a visa term com-
pliance bond. 
(c) VALIDITY, EXPIRATION, RENEWAL, AND CAN-
CELLATION OF BONDS.—
(1) VALIDITY.—A visa term compliance bond 
undertaking is valid if it—
(A) states the full, correct, and proper 
name of the alien principal; 
(B) states the amount of the bond;
(C) is guaranteed by a surety and 
countersigned by an attorney-in-fact who is 
properly appointed; 
(D) is an original signed document; 
(E) is filed with the Secretary of Home-
land Security along with the original application 
for a visa; and 
(F) is not executed by electronic means. 
(2) EXPIRATION.—A visa term compliance bond 
undertaking shall expire at the earliest of—
(A) 1 year after the date of issue; 
(B) at the expiration, cancellation, or sur-
render of the visa; or 
(C) immediately upon nonpayment of the 
premium. 
(3) RENEWAL.—A visa term compliance may be 
renewed annually with payment of proper premium 
at the option of the bail agent or surety, but only 
if there has been no breech of conditions, default, 
claim, or forfeiture of the bond. 
(4) CANCELLATION.—A visa term compliance 
bond shall be canceled and the surety and bail agent 
exonerated—
(A) for nonrenewal;
(B) if the surety or bail agent provides 
reasonable evidence that there was misrepresen-
tation or fraud in the application for the bond; 
(C) upon termination of the visa; 
(D) upon death, incarceration of the prin-
cipal, or the inability of the surety to produce 
the principal for medical reasons; 
(E) if the principal is detained in any city, 
State, country, or political subdivision thereof; 
(F) if the principal departs from the 
United States for any reason without permis-
sion of the Secretary of Homeland Security and 
the surety or bail agent; or 
(G) if the principal is surrendered by the 
surety. 
(5) EFFECT
OF
EXPIRATION
OR
CANCELLA-
TION.—When a visa term compliance bond expires 
without being immediately renewed, or is canceled, 
the nonimmigrant status of the alien shall be re-
voked immediately. 
(6) SURRENDER
OF
PRINCIPAL; FORFEITURE 
OF BOND PREMIUM.—
(A) SURRENDER.—At any time before a 
breach of any of the conditions of a visa term 
compliance bond, the surety or bail agent may
surrender the principal, or the principal may 
surrender, to any United States Immigration 
and Customs Enforcement or Customs and 
Border Protection office or facility. 
(B) FORFEITURE OF BOND PREMIUM.—A 
principal may be surrendered without the re-
turn of any bond premium if the visa holder—
(i) changes address without notifying 
the surety or bail agent and the Secretary 
of Homeland Security in writing at least 
60 days prior to such change; 
(ii) changes schools, jobs, or occupa-
tions without written permission of the 
surety, bail agent, and the Secretary; 
(iii) conceals himself or herself; 
(iv) fails to report to the Secretary as 
required at least annually; or 
(v) violates the contract with the bail 
agent or surety, commits any act that may 
lead to a breech of the bond, or otherwise 
violates any other obligation or condition 
of the visa established by the Secretary. 
(7) CERTIFIED
COPY
OF
UNDERTAKING
OR 
WARRANT TO ACCOMPANY SURRENDER.—
(A) IN
GENERAL.—A person desiring to 
make a surrender of the visa holder—
(i) shall have the right to petition any 
Federal court for an arrest warrant for the 
arrest of the visa holder; 
(ii) shall forthwith be provided a cer-
tified copy of the arrest warrant and the 
undertaking; and 
(iii) shall have the right to pursue, ap-
prehend, detain, and deliver the visa hold-
er, together with the certified copy of the 
arrest warrant and the undertaking, to any 
official or facility of the United States Im-
migration and Customs Enforcement or of 
Customs and Border Protection or any de-
tention facility authorized to hold Federal 
detainees. 
(B) EFFECTS OF DELIVERY.—Upon deliv-
ery of a person under subparagraph (A)(iii)—
(i) the official to whom the delivery is 
made shall detain the visa holder in cus-
tody and issue a written certificate of sur-
render; and 
(ii) the court issuing the warrant de-
scribed in subparagraph (A)(i) and the
Secretary of Homeland Security shall im-
mediately exonerate the surety and bail 
agent from any further liability on the 
bond. 
(8) FORM OF BOND.—A visa term compliance 
bond shall in all cases state the following and be se-
cured by a surety: 
(A) BREACH OF BOND; PROCEDURE; FOR-
FEITURE; NOTICE.—
(i) If a visa holder violates any condi-
tions of the visa or the visa bond the Sec-
retary shall—
(I) order the visa canceled; 
(II) immediately obtain a war-
rant for the visa holder’s arrest; 
(III) order the bail agent and 
surety to take the visa holder into 
custody and surrender the visa holder 
to the Secretary; and 
(IV) mail notice to the bail agent 
and surety via certified mail return 
receipt at each of the addresses in the 
bond. 
(ii) A bail agent or surety shall have 
full and complete access to any and all in-
formation, electronic or otherwise, in the 
care, custody, and control of the United 
States Government or any State or local 
government or any subsidiary or police 
agency thereof regarding the visa holder 
needed to comply with section 213 of the 
REAL GUEST Act of 2005 that the court 
issuing the warrant believes is crucial in lo-
cating the visa holder. 
(iii) If the visa holder is later ar-
rested, detained, or otherwise located out-
side the United States and the outlying 
possessions of the United States (as de-
fined in section 101(a) of the Immigration 
and Nationality Act), the Secretary shall—
(I) order that the bail agent and 
surety are completely exonerated, and 
the bond canceled and terminated; 
and 
(II) if the Secretary has issued 
an order under clause (i), the surety 
may request, by written, properly filed 
motion, reinstatement of the bond.