I 
109TH CONGRESS 
1ST SESSION H. R. 3333
To enhance border enforcement, improve homeland security, remove incentives 
for illegal immigration, and establish a guest worker program. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 19, 2005
Mr. TANCREDO introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Homeland 
Security, Education and the Workforce, Ways and Means, International 
Relations, Energy and Commerce, and Government Reform, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Rewarding Employers that Abide by the Law and Guar-
anteeing Uniform Enforcement to Stop Terrorism Act of 
2005’’ or the ‘‘REAL GUEST Act of 2005’’.
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
TITLE I—REWARDING EMPLOYERS THAT ABIDE BY THE LAW 
Subtitle A—Access; Opportunity 
Sec. 101. H nonimmigrant worker category. 
Sec. 102. Internet-based job posting system. 
Sec. 103. Requirements for prospective employers of H nonimmigrants. 
Sec. 104. Requirements for aliens seeking H nonimmigrant status. 
Sec. 105. Database of approved prospective H nonimmigrants. 
Sec. 106. Effective date. 
Subtitle B—Requiring Lawful Migration 
Sec. 111. Certifications. 
TITLE II—GUARANTEEING UNIFORM ENFORCEMENT TO STOP 
TERRORISM 
Subtitle A—No Access; No Opportunity 
Sec. 201. Sense of Congress that the military, when feasible, should conduct 
training exercises in supporting functions for the border patrol. 
Sec. 202. Use of army and air force to secure the borders. 
Sec. 203. Increase in full-time USCBP immigration inspectors. 
Sec. 204. Increase in full-time USICE detention and removal officers. 
Sec. 205. Functions of detention and removal officers. 
Sec. 206. Increase in USICE criminal investigators for benefits fraud. 
Sec. 207. Increase in attorneys for the USICE legal program. 
Sec. 208. Suspension of visa waiver program. 
Sec. 209. Civil and criminal penalties for unlawful presence. 
Sec. 210. Listing of immigration violators in the National Crime Information 
Center Database. 
Sec. 211. Civil and criminal penalties for document fraud, benefit fraud, and 
false claims of citizenship. 
Sec. 212. Identification standard for Federal benefits. 
Sec. 213. Fingerprinting of applicants for United States passports. 
Sec. 214. Visa term compliance bonds. 
Sec. 215. Release of aliens in removal proceedings. 
Sec. 216. Detention of aliens delivered by bondsmen. 
Sec. 217. Independent verification of birth records provided in support of appli-
cations for social security account numbers. 
Sec. 218. Birth certificates. 
Sec. 219. Maximum period of validity for State licenses and identification docu-
ments. 
Sec. 220. Establishment of immigration and customs field office in Tulsa, Okla-
homa. 
Subtitle B—Reversing Unlawful Migration 
Sec. 221. Mandatory employment authorization verification. 
Sec. 222. Employer sanctions.
Sec. 223. Limited duration social security account numbers for nonimmigrants. 
Sec. 224. Mandatory notification of social security account number mismatches 
and multiple uses. 
Sec. 225. No social security credit for work performed while unlawfully present. 
Sec. 226. Reducing individual taxpayer identification number abuse. 
Sec. 227. Limited eligibility for tax credits and refunds. 
Sec. 228. Penalty for failure to file correct information returns. 
Sec. 229. Adjustment of status. 
Sec. 230. Revocation of temporary status. 
Sec. 231. Repeal of amnesty provision. 
Sec. 232. Penalties for violations of Federal immigration laws by States and lo-
calities. 
Sec. 233. Clarification of inherent authority of State and local law enforcement. 
Sec. 234. USICE response to requests for assistance from State and local law 
enforcement. 
Sec. 235. Basic immigration enforcement training for State, local, and tribal 
law enforcement officers. 
TITLE III—REVISION OF FEDERAL REIMBURSEMENT OF EMER-
GENCY HEALTH CARE SERVICES FURNISHED TO ILLEGAL 
ALIENS 
Sec. 301. Revision of Federal reimbursement of emergency health care services 
furnished to illegal aliens.
TITLE I—REWARDING EMPLOY-
ERS THAT ABIDE BY THE LAW 
Subtitle A—Access; Opportunity 
SEC. 101. H NONIMMIGRANT WORKER CATEGORY. 
(a) IN GENERAL.—Section 101(a)(15)(H) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
is amended to read as follows: 
‘‘(H) an alien having a residence in a foreign 
country which the alien has no intention of aban-
doning who is coming temporarily to the United 
States to perform work for which qualified and law-
fully present workers are not available and could not 
be trained in a period of less than one year, and 
with respect to whom the Secretary of Labor deter-
mines and certifies to the Secretary of Homeland 
Security that the intending employer has filed with 
the 
Secretary 
an 
application 
under 
section 
212(n)(1);’’. 
(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended to read as follows: 
‘‘(g) ADMISSION OF H NONIMMIGRANTS.—
‘‘(1) In the case of a nonimmigrant described in 
section 101(a)(15)(H)—
‘‘(A) the period of authorized admission 
may not exceed 365 days during any 2-year pe-
riod and may be renewed only upon expiration 
of each 2-year period; 
‘‘(B) adjustment of status and change of 
status to any other immigrant or nonimmigrant 
classification or status are prohibited; and 
‘‘(C) spouses and children may not accom-
pany or follow to join the principal aliens.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 180 days after the date on 
which the last of the certifications required under section 
111 is made.
SEC. 102. INTERNET-BASED JOB POSTING SYSTEM. 
(a) IN GENERAL.—The Secretary of Labor shall take 
any steps necessary to ensure that all State employment 
agencies and all employers in the United States are able 
to acquire secure, password-protected access to the Inter-
net-based job database provided jointly by the Department 
of Labor and State employment security agencies and 
known as ‘‘America’s Job Bank’’ in order to permit the 
posting of job openings throughout the United States. 
(b) USE OF DATA.—The Secretary of Labor may use 
posted job announcements and resumes submitted through 
the job posting system to determine whether employers 
who petition for nonimmigrants described in section 
101(a)(15)(H) of the Immigration and Nationality Act (as 
amended by section 101 of this Act) are complying with 
the law. 
(c) REPORTS; CESSATION
OF
LABOR
CERTIFI-
CATIONS.—
(1) REPORTS.—The Secretary of Labor shall 
publish quarterly reports, utilizing the data included 
in the job posting system, indicating unemployment 
and real wage trends by occupational category and 
geographic region. The Secretary shall make such 
reports available to the public on a timely basis. 
(2) CESSATION.—If compensation, including 
real wages, benefits, and working conditions, in a