I 
108TH CONGRESS 
1ST SESSION H. R. 3534
To enhance border enforcement, improve homeland security, remove incentives 
for illegal immigration, and establish a guest worker program. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2003
Mr. TANCREDO (for himself, Mr. DEAL of Georgia, Mr. DUNCAN, Mr. 
HEFLEY, and Mr. HERGER) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Commit-
tees on Ways and Means, Government Reform, Education and the Work-
force, and International Relations, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To enhance border enforcement, improve homeland security, 
remove incentives for illegal immigration, and establish 
a guest worker program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Enforcement 
and Revolving Employment to Assist Laborers Act of 
2003’’ or the ‘‘BE REAL Act of 2003’’.
TITLE I—BORDER 
ENFORCEMENT 
Subtitle A—Improving Homeland 
Security 
SEC. 101. SENSE OF CONGRESS REGARDING USE OF MILI-
TARY TO GUARD LAND BORDERS OF THE 
UNITED STATES. 
It is the sense of Congress that the President should 
deploy United States military troops to perform support 
functions along the southern and northern United States 
land borders until such time as additional Border Patrol 
agents authorized under this Act are hired and deployed. 
SEC. 102. USE OF ARMY AND AIR FORCE TO SECURE THE 
BORDER. 
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. 103. INCREASE IN FULL-TIME BORDER PATROL 
AGENTS. 
Subject to the availability of appropriations, the Sec-
retary of Homeland Security shall increase the number of 
full-time Border Patrol agents to 20,000 by fiscal year 
2008. There are authorized to be appropriated such sums
as may be necessary for additional resources for support 
personnel and equipment for the activities of the new Bor-
der Patrol personnel. 
SEC. 104. INCREASE IN FULL-TIME BCBP IMMIGRATION IN-
SPECTORS. 
Subject to the availability of appropriations, the Sec-
retary of Homeland Security shall increase by 2,000 the 
number of full-time Bureau of Customs and Border Pro-
tection immigration inspectors by the end of fiscal year 
2006. There are authorized to be appropriated such sums 
as may be necessary for such additional resources for sup-
port personnel and equipment for inspections as may be 
necessary to implement such increase in inspectors. 
SEC. 105. INCREASE IN FULL-TIME 1811-SERIES BICE SPE-
CIAL AGENTS. 
Subject to the availability of appropriations, the Sec-
retary of Homeland Security shall increase the number of 
full-time 1811-series Bureau of Immigration and Customs 
Enforcement special agents devoted to the immigration 
function to 4,500 by the end of the fiscal year 2006. There 
are authorized to be appropriated such sums as may be 
necessary for such additional resources for support per-
sonnel, training, equipment, and case funds for investiga-
tions as may be necessary to implement such increase in 
the number of special agents.
SEC. 106. INCREASE IN FULL-TIME DETENTION AND RE-
MOVAL OFFICERS. 
Subject to the availability of appropriations, the Sec-
retary of Homeland Security shall increase by 2,000 the 
number of full-time detention and removal officers by the 
end of the fiscal year 2006. There are authorized to be 
appropriated such sums as may be necessary for addi-
tional resources for support personnel and equipment for 
removals to implement such increase in personnel. 
SEC. 107. 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 alien who have overstayed their 
visas, alien absconders, and aliens apprehended by state 
or local authorities. 
SEC. 108. SUSPENSION OF VISA WAIVER PROGRAM. 
Notwithstanding any other provision of law, the visa 
waiver program for certain visitors established under sec-
tion 217 of the Immigration and Nationality Act shall be 
suspended until the Secretary of Homeland Security deter-
mines and certifies to the Congress that—
(1) the automated entry-exit system authorized 
under section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1221 note) is fully implemented and functional, 
(2) all United States ports of entry have func-
tional biometric machine readers, 
(3) all countries which participate in the visa 
waiver program under section 217 of the Immigra-
tion and Nationality Act issue to nationals of such 
countries machine-readable biometric passports. 
SEC. 109. CIVIL AND CRIMINAL PENALTIES FOR NON-
IMMIGRANT VISA OVERSTAYS. 
(a) IN GENERAL.—The Immigration and Nationality 
Act is amended by inserting after section 275 the following 
new section: 
‘‘CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE IN 
THE UNITED STATES 
‘‘SEC. 275A. Any alien who fails to depart the United 
States within 30 days after the expiration of a non-
immigrant visa and is not in other lawful status under 
this Act shall be fined under title 18, United States Code, 
imprisoned not more than one year, or both.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
inserting after the item relating to section 275 the fol-
lowing:
‘‘Sec. 275A. Criminal penalties for unlawful presence in the United States.’’.
SEC. 110. CIVIL AND CRIMINAL PENALTIES FOR DOCU-
MENTS FRAUD AND FALSE CLAIMS OF CITI-
ZENSHIP. 
(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’’; 
(D) in paragraph (4), by striking ‘‘25 
years’’ and inserting ‘‘30 years’’; and
(E) in paragraph (6), by striking ‘‘one 
year’’ and inserting ‘‘two years’’. 
SEC. 111. INCREASE IN CAPACITY OF DETENTION FACILI-
TIES. 
Subject to the availability of appropriations, the Sec-
retary of Homeland Security is authorized to double by 
the end of the fiscal year 2006 the capacity of facilities 
that were available at the end of the fiscal year 2001 for 
the detention of aliens under the immigration laws of the 
United States. 
SEC. 112. SECURE AND VERIFIABLE IDENTIFICATION RE-
QUIRED FOR FEDERAL PUBLIC BENEFITS. 
In the provision in the United States of a Federal 
public benefit or service, including a law enforcement serv-
ice, that requires the recipient to produce identification, 
no Federal agency, commission, or other entity within the 
executive, legislative, or judicial branch of the Federal 
Government may accept, recognize, or rely on (or author-
ize the acceptance or recognition of, or the reliance on) 
any identification document, unless the document was 
issued by a Federal or State authority and is subject to 
verification by a Federal law enforcement, intelligence, or 
homeland security agency.
SEC. 113. REQUIREMENT OF UNITED STATES CITIZENSHIP 
FOR CERTAIN FEDERAL EMPLOYEES AND 
THE PRACTICE OF IMMIGRATION LAW IN THE 
UNITED STATES. 
(a) POSITIONS IN THE DEPARTMENT OF HOMELAND 
SECURITY.—Notwithstanding any other provision of law, 
employees of the Department of Homeland Security in po-
sitions in the Bureau of Customs and Border Protection, 
the Bureau of Immigration and Customs Enforcement, 
and the Bureau of Citizenship and Immigration Services 
shall be citizens of the United States. 
(b) POSITIONS IN THE DEPARTMENT OF STATE.—
Notwithstanding any other provision of law, employees of 
the Department of State in positions in consular affairs 
offices shall be citizens of the United States. 
SEC. 114. 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, 
2006 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. 115. 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 of 
America 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. 
(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 from 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.—The bond may be renewed—
(A) annually with payment of proper pre-
mium at the option of the bail agent or surety; 
and 
(B) provided there has been no breech of 
conditions, default, claim, or forfeiture of the 
bond. 
(4) CANCELLATION.—The bond shall be can-
celed 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 of America for any reason with-
out permission 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 the bond, the 
surety or bail agent may surrender the prin-
cipal, or the principal may surrender, to any 
Bureau of Immigration and Customs Enforce-
ment or Bureau of Customs and Border Protec-
tion 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 such Secretary; 
(iii) conceals himself or herself; 
(iv) fails to report to such 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 such 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 Bureau of Immi-
gration and Customs Enforcement or Bu-
reau of Customs and Border Protection or 
any detention 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 con-
ditions of the visa or the visa bond the 
Secretary of Homeland Security 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 such Secretary; and 
‘‘(IV) mail notice to the bail 
agent and surety via certified mail re-
turn 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 116 of the 
Border Enforcement and Revolving Em-
ployment to Assist Laborers Act of 2003 
that the court issuing the warrant believes 
is crucial in locating 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), such Secretary 
shall—
‘‘(I) order that the bail agent and 
surety are completely exonerated, and 
the bond canceled and terminated; 
and 
‘‘(II) if such Secretary has issued 
an order under clause (i), the surety 
may request, by written, properly filed 
motion, reinstatement of the bond.