I 
110TH CONGRESS 
1ST SESSION H. R. 4192 
To reform immigration to serve the national interest. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2007 
Mr. TANCREDO introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Armed 
Services, Homeland Security, Oversight and Government Reform, Ways 
and Means, Education and Labor, Foreign Affairs, and Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To reform immigration to serve the national interest. 
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; DEFINI-
TIONS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Optimizing Visa Entry Rules and Demanding Uniform 
Enforcement Immigration Reform Act of 2007’’ or the 
‘‘OVERDUE Immigration Reform Act of 2007’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents; definitions. 
TITLE I—OPTIMIZING VISA ENTRY RULES 
Sec. 101. Worldwide levels of immigration. 
Sec. 102. Allotment of visas. 
Sec. 103. Humanitarian immigration. 
Sec. 104. Sunsetting adjustments under various provisions. 
Sec. 105. Requirement for Congressional approval for extension of designation 
of foreign states for purposes of temporary protected status. 
Sec. 106. Establishment of new nonimmigrant classifications; conversion of cer-
tain existing immigrant classification petitions. 
TITLE II—MISCELLANEOUS PROVISIONS 
Sec. 201. Limitation on automatic birthright citizenship. 
Sec. 202. Requirement for immigrants to provide affidavit of allegiance to the 
United States. 
Sec. 203. Requirement of affidavit of support for employment-based immi-
grants. 
Sec. 204. Making voting in foreign election a basis for automatic loss of citizen-
ship. 
Sec. 205. Treating illegal presence in the United States as not demonstrating 
good moral character. 
Sec. 206. Requirement of DNA testing for aliens seeking visas based on a bio-
logical relationship. 
TITLE III—DEMANDING UNIFORM ENFORCEMENT 
Subtitle A—No Access; No Opportunity 
Sec. 301. Sense of Congress on role of Department of Defense. 
Sec. 302. Use of Army and Air Force to secure the borders. 
Sec. 303. Assignment of members of the Armed Forces to assist United States 
Customs and Border Protection and United States Immigra-
tion and Customs Enforcement. 
Sec. 304. Construction of secure fence. 
Sec. 305. Report by Sandia National Laboratories concerning border security. 
Sec. 306. Increase in full-time USCBP immigration inspectors. 
Sec. 307. Increase in full-time USICE detention and removal officers. 
Sec. 308. Functions of detention and removal officers. 
Sec. 309. Increase in USICE criminal investigators for benefits fraud. 
Sec. 310. Increase in attorneys for the USICE legal program. 
Sec. 311. Suspension of visa waiver program. 
Sec. 312. Civil and criminal penalties for unlawful presence. 
Sec. 313. Listing of immigration violators in the National Crime Information 
Center Database. 
Sec. 314. Civil and criminal penalties for document fraud, benefit fraud, and 
false claims of citizenship. 
Sec. 315. Identification standard for Federal benefits. 
Sec. 316. Fingerprinting of applicants for United States passports. 
Sec. 317. Visa term compliance bonds. 
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Sec. 318. Release of aliens in removal proceedings. 
Sec. 319. Detention of aliens delivered by bondsmen. 
Sec. 320. Independent verification of birth records provided in support of appli-
cations for social security account numbers. 
Sec. 321. Birth certificates. 
Sec. 322. Maximum period of validity for State licenses and identification docu-
ments. 
Sec. 323. No preemption of certain State and local laws regarding employment 
eligibility verification requirements. 
Subtitle B—Reversing Unlawful Migration 
Sec. 331. Mandatory employment authorization verification. 
Sec. 332. Employer sanctions. 
Sec. 333. Limited duration social security account numbers for nonimmigrants. 
Sec. 334. Mandatory notification of social security account number mismatches 
and multiple uses. 
Sec. 335. No social security credit for work performed while unlawfully present. 
Sec. 336. Reducing individual taxpayer identification number abuse. 
Sec. 337. Limited eligibility for tax credits and refunds. 
Sec. 338. Penalty for failure to file correct information returns. 
Sec. 339. Adjustment of status. 
Sec. 340. Revocation of temporary status. 
Sec. 341. Repeal of amnesty provision. 
Sec. 342. Penalties for violations of Federal immigration laws by States and lo-
calities. 
Sec. 343. Clarification of inherent authority of State and local law enforcement. 
Sec. 344. USICE response to requests for assistance from State and local law 
enforcement. 
Sec. 345. Basic immigration enforcement training for State, local, and tribal 
law enforcement officers. 
Sec. 346. Completion of exit component of US-VISIT entry and exit data sys-
tem. 
Sec. 347. Clarification that wages paid to unauthorized aliens may not be de-
ducted from gross income. 
TITLE IV—REVISION OF FEDERAL REIMBURSEMENT OF EMER-
GENCY HEALTH CARE SERVICES FURNISHED TO ILLEGAL 
ALIENS 
Sec. 401. Revision of Federal reimbursement of emergency health care services 
furnished to illegal aliens. 
(c) DEFINITIONS.—For purposes of this Act, the 
definitions contained in subsections (a) and (b) of section 
101 of the Immigration and Nationality Act (8 U.S.C. 
1101) shall apply. 
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TITLE I—OPTIMIZING VISA 
ENTRY RULES 
SEC. 101. WORLDWIDE LEVELS OF IMMIGRATION. 
Beginning with fiscal year 2009, notwithstanding sec-
tion 201 of the Immigration and Nationality Act (8 U.S.C. 
1151)— 
(1) the worldwide level of family-sponsored im-
migrants under subsection (c) of such section in any 
fiscal year shall be zero; 
(2) the worldwide level of employment-based 
immigrants under subsection (d) of such section in 
any fiscal year shall be 5,200; and 
(3) the worldwide level of diversity immigrants 
under subsection (e) of such section in any fiscal 
year shall be zero. 
SEC. 102. ALLOTMENT OF VISAS. 
(a) IN GENERAL.—Beginning with fiscal year 2008, 
notwithstanding section 203 of the Immigration and Na-
tionality Act (8 U.S.C. 1153)— 
(1) the number of visas that shall be allotted to 
family-sponsored immigrants under subsection (a) of 
such section in any fiscal year shall be zero; 
(2) the number of visas that shall be allotted to 
priority workers under subsection (b)(1) of such sec-
tion (and to spouses and children of such workers 
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(b) LIMITATION
ON
SPONSORSHIP
BY
CERTAIN 
ALIENS.—Notwithstanding any other provision of law, ef-
fective October 1, 2008, no visa may be allotted to any 
immigrant on the basis of a petition by an individual who 
has filed an application under section 210 or section 245A 
of the Immigration and Nationality Act (8 U.S.C. 1160, 
1255a). 
(c) ELIMINATION OF PREFERENCE CATEGORIES.— 
Effective October 1, 2008, no classification petition may 
be filed or approved, and no alien may be issued an immi-
gration visa number, for the following preference cat-
egories: 
(1) FAMILY
PREFERENCE.—Preference under 
section 203(a). 
(2) EMPLOYMENT-BASED PREFERENCE.—Pref-
erence under section 203(b), other than as an alien 
described in subparagraph (A) or (B) of section 
203(b)(1) or under section 203(b)(5), or under sec-
tion 203(d) as the spouse or minor child of either 
such an alien. 
(3) 
DIVERSITY.—Preference 
under 
section 
203(c). 
(d) LIMITATION
ON GRANTING IMMIGRANT STA-
TUS.—Effective October 1, 2008, the Secretary of Home-
land Security may not accept or approve any petition for 
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classification under section 204 of the Immigration and 
Nationality Act (8 U.S.C. 1154) except for classification 
by reason of a family relationship described in section 
201(b)(2) of such Act (8 U.S.C. 1151(b)(2)) or priority 
worker or investor status under paragraph (1)(A), (1)(B), 
or (5) of subsection (b) of section 203 of such Act (8 
U.S.C. 1153), or as a spouse or child of such a worker 
or investor under subsection (d) of such section, or as an 
alien described in section 201(b)(1)(B) or 201(b)(1)(C) of 
such Act. 
SEC. 103. HUMANITARIAN IMMIGRATION. 
(a) ANNUAL
LIMITATION
OF
50,000.—Notwith-
standing any other provision of law, subject to subsection 
(b), beginning with fiscal year 2008, the sum of the fol-
lowing shall not exceed 50,000: 
(1) The number of refugees who are admitted 
under section 207 of the Immigration and Nation-
ality Act (8 U.S.C. 1157) in a fiscal year. 
(2) The number of admissions made available 
in such fiscal year to adjust to the status of perma-
nent residence the status of aliens granted asylum 
under section 209(b) of such Act (8 U.S.C. 
1159(b)). 
(3) The number of aliens whose status is ad-
justed in such fiscal year under section 646 of the 
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Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208), re-
lating to Polish and Hungarian parolees. 
(4) The number of aliens whose status is ad-
justed in such fiscal year under section 599E of the 
Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (relating to So-
viet and Indochinese parolees). 
(5) The number of other aliens whose removal 
is cancelled (and whose status is adjusted) in such 
fiscal year under section 240A of such Act (8 U.S.C. 
1229b). 
(6) The number of aliens who are provided law-
ful permanent resident status in such fiscal year on 
the basis of a private bill passed by Congress. 
(b) EXCEPTION.—In applying subsection (a), aliens 
who are spouses or children of citizens of the United 
States, or who are admitted under the limitations de-
scribed in section 102, shall not be counted. 
SEC. 104. SUNSETTING ADJUSTMENTS UNDER VARIOUS 
PROVISIONS. 
(a) SUNSET
FOR IRCA-RELATED
AND CERTAIN 
OTHER AMNESTIES.—An alien may not be issued an im-
migrant visa or otherwise acquire the status of an alien 
lawfully admitted for permanent residence under any of 
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the following provisions, unless the alien has filed an appli-
cation for such visa or status on or before the date of the 
enactment of this Act: 
(1) Section 245A of the Immigration and Na-
tionality Act (8 U.S.C. 1255a), commonly known as 
the IRCA legalization program. 
(2) Section 210 of such Act (8 U.S.C. 1160), 
commonly known as the agricultural worker amnesty 
program. 
(3) Section 249 of such Act (8 U.S.C. 1259), 
commonly known as registry. 
(4) Section 584 of the Foreign Operations, Ex-
port Financing, and Related Programs Appropria-
tions Act, 1988, relating to Amerasian immigration. 
(b) SUNSET FOR HRIFA AND NACARA AMNES-
TIES.—An alien may not be issued an immigrant visa and 
may not otherwise acquire the status of an alien lawfully 
admitted for permanent residence under any of the fol-
lowing provisions, unless the alien has filed an application 
for such visa or status on or before the date of the enact-
ment of this Act: 
(1) Section 202 of the Nicaraguan Adjustment 
and Central American Relief Act of 1997 (title II of 
Public Law 105–100). 
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(2) The Haitian Refugee and Immigration 
Fairness Act of 1998 (division A of section 101(h) 
of Public Law 105–277). 
(c) IMMEDIATE REPEAL
OF CUBAN-HAITIAN AD-
JUSTMENT.—An alien may not be issued an immigrant 
visa and may not otherwise acquire the status of an alien 
lawfully admitted for permanent residence under section 
202 of the Immigration Reform and Control Act of 1986, 
unless the alien has filed an application for such visa or 
status on or before the date of the enactment of this Act: 
(d) IMMEDIATE REPEAL OF LAUTENBERG-MORRISON 
PROVISIONS.—Effective on the date of the enactment of 
this Act, section 599D of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 
1990 (Public Law 101–167) is repealed. 
SEC. 105. REQUIREMENT FOR CONGRESSIONAL APPROVAL 
FOR EXTENSION OF DESIGNATION OF FOR-
EIGN STATES FOR PURPOSES OF TEMPORARY 
PROTECTED STATUS. 
Effective on October 1, 2008, the period of designa-
tion of a foreign state under section 244(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1254(b)) may not 
be extended beyond the initial designation period without 
the approval of both Houses of Congress. 
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SEC. 106. ESTABLISHMENT OF NEW NONIMMIGRANT CLAS-
SIFICATIONS; CONVERSION OF CERTAIN EX-
ISTING IMMIGRANT CLASSIFICATION PETI-
TIONS. 
(a) ESTABLISHMENT
OF NONIMMIGRANT CLASSI-
FICATIONS.—Effective October 1, 2008, the Secretary of 
Homeland Security shall establish the following new non-
immigrant classifications (under section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)): 
(1) SPOUSES AND MINOR CHILDREN OF LAW-
FUL PERMANENT RESIDENTS.— 
(A) IN GENERAL.—A nonimmigrant classi-
fication for an alien who is the spouse or child 
of an alien lawfully admitted for permanent res-
idence. 
(B) PERIOD
OF
VALIDITY
OF
NON-
IMMIGRANT
VISA.—A visa issued for non-
immigrant classification under this paragraph 
shall be valid for a period of 3 years. Such visa 
may be renewed indefinitely so long as the prin-
cipal alien is residing in the United States and 
the nonimmigrant alien remains the spouse or 
child of such alien. 
(C) SUBSEQUENT ADJUSTMENT TO LAW-
FUL PERMANENT RESIDENT STATUS AS IMME-
DIATE RELATIVES UPON NATURALIZATION OF 
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PRINCIPAL ALIEN.—If the principal alien de-
scribed in subparagraph (A) becomes a natural-
ized citizen of the United States, the alien may 
apply for permanent resident status of such 
spouse and child as an immediate relative under 
section 201(b)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(2)(A)) and, 
for purposes of making such determination, the 
age of the child shall be the age of such child 
as of the date of approval of the nonimmigrant 
status under subparagraph (A). 
(2) PARENTS OF ADULT UNITED STATES CITI-
ZENS.— 
(A) IN GENERAL.—A nonimmigrant classi-
fication for an alien who is the parent of a cit-
izen of the United States if the citizen is at 
least 21 years of age. 
(B) PERIOD
OF
VALIDITY
OF
NON-
IMMIGRANT
VISA.—A visa issued for non-
immigrant classification under this subpara-
graph shall be valid for a period of 5 years. 
Such visa may be renewed indefinitely so long 
as the citizen son or daughter is residing in the 
United States. 
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(C) LIMITATIONS
ON
EMPLOYMENT
AND 
PUBLIC
BENEFITS
AND
SUPPORT
BY
PETI-
TIONING
CITIZEN
SON
OR
DAUGHTER.—An 
alien provided nonimmigrant status under this 
paragraph is not authorized to be employed in 
the United States and is not entitled, notwith-
standing any other provision of law, to any ben-
efits funded by the Federal Government or any 
State. In the case of such an alien, the peti-
tioning United States citizen son or daughter 
shall be responsible for the support of the alien 
in the United States, regardless of the re-
sources of such alien. 
(b) CONVERSION OF CURRENT CLASSIFICATION PE-
TITIONS.— 
(1) FAMILY
SECOND
PREFERENCE
CONVER-
SIONS.—In the case of a classification petition under 
section 204(a) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)) for preference status de-
scribed in section 203(a)(2)(A) of such Act (8 
U.S.C. 1153(a)(2)(A)) for an alien that has been 
filed before October 1, 2008, as of such date such 
petition shall be deemed to be a petition for classi-
fication of the alien involved as a nonimmigrant 
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under the classification established under subsection 
(a)(1). 
(2) IMMEDIATE RELATIVE PETITIONS FOR PAR-
ENTS.—In the case of a classification petition under 
section 204(a) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)) for immediate relative status 
under section 201(b)(2)(A) of such Act (8 U.S.C. 
1151(b)(2)(A)) as the parent of a United States cit-
izen that has been filed before October 1, 2008, as 
of such date such petition shall be deemed to be a 
petition for classification of the alien involved as a 
nonimmigrant under the classification established 
under subsection (a)(2). 
TITLE II—MISCELLANEOUS 
PROVISIONS 
SEC. 201. LIMITATION ON AUTOMATIC BIRTHRIGHT CITI-
ZENSHIP. 
Notwithstanding any other provision of law, with re-
spect to an individual born after the date of the enactment 
of this Act, the individual shall not be a national or citizen 
of the United States at birth under section 301 of the 
Immigration and Nationality Act (8 U.S.C. 1401) unless 
at least one of the individual’s parents is, at the time of 
birth, a citizen or national of the United States or an alien 
lawfully admitted for permanent residence. 
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SEC. 202. REQUIREMENT FOR IMMIGRANTS TO PROVIDE 
AFFIDAVIT OF ALLEGIANCE TO THE UNITED 
STATES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no alien shall be provided an immigrant visa 
or otherwise provided status as an alien lawfully admitted 
to the United States for permanent residence unless the 
alien has executed an affidavit of allegiance to the United 
States that is in a form approved by the Secretary of 
Homeland Security. 
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect on and after such date, not later than 60 days after 
the date of the enactment of this Act, as the Secretary 
of Homeland Security specifies after having approved the 
form for the affidavit under such subsection. 
SEC. 203. REQUIREMENT OF AFFIDAVIT OF SUPPORT FOR 
EMPLOYMENT-BASED IMMIGRANTS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no alien shall be provided an immigrant visa 
or otherwise provided status as an alien lawfully admitted 
to the United States for permanent residence as an em-
ployment-based immigrant under section 203(b) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)) un-
less there has been executed an affidavit of support that 
meets the requirements of section 213A of such Act (8 
U.S.C. 1183a) and the alien has executed an affidavit of 
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allegiance to the United States that is in a form approved 
by the Secretary of Homeland Security. 
(b) EFFECTIVE DATE.—Subsection (a) shall apply to 
visas and lawful permanent residence status provided after 
the date of the enactment of this Act. 
SEC. 204. MAKING VOTING IN FOREIGN ELECTION A BASIS 
FOR AUTOMATIC LOSS OF CITIZENSHIP. 
(a) IN GENERAL.—Section 349(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1481(a)) is amended— 
(1) by striking the period at the end of para-
graph (7) and inserting ‘‘; or’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(8) voting in an election in a foreign coun-
try.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to voting that occurs after the 
date of the enactment of this Act. 
SEC. 205. TREATING ILLEGAL PRESENCE IN THE UNITED 
STATES 
AS 
NOT 
DEMONSTRATING 
GOOD 
MORAL CHARACTER. 
(a) IN GENERAL.—Section 101(f) of the Immigration 
and Nationality Act (8 U.S.C. 1101(f)) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(8); 
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(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (9) the fol-
lowing new paragraph: 
‘‘(10) one who— 
‘‘(A) at the time good moral character is 
required to be demonstrated, is unlawfully 
present in the United States without having 
been admitted or paroled; 
‘‘(B) at the time good moral character is 
required to be demonstrated, has been inspected 
and admitted to the United States but gained 
such admission through fraud or misrepresenta-
tion; or 
‘‘(C) at any time has been unlawfully 
present in the United States for an aggregate 
period of 181 days or more.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to determinations of good moral 
character made after the date of the enactment of this 
Act. 
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SEC. 206. REQUIREMENT OF DNA TESTING FOR ALIENS 
SEEKING VISAS BASED ON A BIOLOGICAL RE-
LATIONSHIP. 
(a) IN GENERAL.—Section 221(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1201(d)) is amended— 
(1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Prior to the issuance of an immigrant visa to 
an alien that is predicated on a biological relationship to 
a family member, the consular officer shall require such 
alien to submit the results of DNA testing in order to con-
firm that the purported biological relationship is not in-
consistent with the results.’’. 
(b) AUTHORIZATION OF FEES.—The Secretary of 
Homeland Security is authorized to adjust the fees col-
lected from aliens described in section 221(d)(2) of the 
Immigration and Nationality Act, as added by subsection 
(a)(2), in order to carry out such section. 
(c) TESTING FACILITIES.—The Secretary of Home-
land Security, in consultation with the Secretary of State, 
shall promulgate regulations with respect to the facilities 
where DNA testing is authorized to be performed, as re-
quired by section 221(d)(2) of the the Immigration and 
Nationality Act, as added by subsection (a)(2). 
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TITLE III—DEMANDING 
UNIFORM ENFORCEMENT 
Subtitle A—No Access; No 
Opportunity 
SEC. 301. SENSE OF CONGRESS ON ROLE OF DEPARTMENT 
OF DEFENSE. 
It is the sense of Congress that the Secretary of De-
fense should, to the maximum extent possible— 
(1) conduct training in conjunction with the 
United States Border Patrol where the Department 
of Defense can perform a supporting role; and 
(2) conduct surveillance to act as a force multi-
plier for the Border Patrol agents. 
SEC. 302. 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’’. 
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SEC. 303. ASSIGNMENT OF MEMBERS OF THE ARMED 
FORCES TO ASSIST UNITED STATES CUSTOMS 
AND 
BORDER 
PROTECTION 
AND 
UNITED 
STATES IMMIGRATION AND CUSTOMS EN-
FORCEMENT. 
(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 the Bureau of Customs 
and Border Protection and the United States Immigration 
and Customs Enforcement of the Department of Home-
land Security— 
‘‘(1) in preventing the entry of terrorists, drug 
traffickers, and illegal aliens into the United States; 
and 
‘‘(2) in the inspection of cargo, vehicles, and 
aircraft at points of entry into the United States to 
prevent the entry of weapons of mass destruction, 
components of weapons of mass destruction, prohib-
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ited 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 Customs and Border Protection or the United States 
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Immigration and Customs Enforcement is performing du-
ties pursuant to the assignment, a civilian law enforce-
ment officer from the agency concerned shall accompany 
the member. 
‘‘(2) Nothing in this section shall be construed 
to— 
‘‘(A) authorize a member assigned under 
subsection (a) to conduct a search, seizure, or 
other similar law enforcement activity or to 
make an arrest; and 
‘‘(B) supersede section 1385 of title 18 
(popularly 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. 
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‘‘(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).’’. 
(b) COMMENCEMENT OF TRAINING PROGRAM.—The 
training program required by subsection (c) of section 
374a of title 10, United States Code, shall be established 
as soon as practicable after the date of the enactment of 
this Act. 
(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. 304. CONSTRUCTION OF SECURE FENCE. 
(a) IN GENERAL.—The President shall provide for 
construction of the secure fencing authorized under sec-
tion 102(b) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1103 note). 
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(b) USE OF COMPETITIVE BIDDING.—In carrying out 
subsection (a), the President shall provide for a competi-
tive bidding process under which a company is eligible to 
submit a bid if such company is enrolled, before submit-
ting such a bid, in the electronic employment verification 
program under section 402 of such Act. 
SEC. 305. REPORT BY SANDIA NATIONAL LABORATORIES 
CONCERNING BORDER SECURITY. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the head of Sandia Na-
tional Laboratories shall submit to Congress a report con-
cerning recommendations for the construction, establish-
ment, or implementation of the most effective combination 
of manpower and border infrastructure for the entire 
international land border of the United States to prevent 
all unlawful entries into the United States. 
(b) ACTION BY CONGRESS.—Not later than 60 days 
after submission of the report required under subsection 
(a), Congress shall conduct a vote to determine whether 
or not to implement the recommendations set out in such 
report. 
SEC. 306. 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 
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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. 307. 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. 308. 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 
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visas, alien absconders, and aliens apprehended by State 
or local authorities. 
SEC. 309. 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. 310. 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. 311. SUSPENSION OF VISA WAIVER PROGRAM. 
(a) SUSPENSION.—Notwithstanding any other provi-
sion of law, the visa waiver program established under sec-
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tion 217 of the Immigration and Nationality Act (8 U.S.C. 
1187) is suspended until the Secretary of Homeland Secu-
rity 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) 
REPEAL.—Subparagraph 
(B) 
of 
section 
217(a)(3) of the Immigration and Nationality Act (8 
U.S.C. 1187(a)(3)) is repealed. 
SEC. 312. 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 
new section: 
‘‘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 
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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. 313. 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 the 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 
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Director may have on all aliens against whom a final order 
of removal has been issued, all aliens who have signed a 
voluntary departure agreement, and all aliens who have 
overstayed their visa. Such information shall be provided 
to the National Crime Information Center regardless of 
whether or not the alien received 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.— 
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(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) shall 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. 
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(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. 
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(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, 
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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. 314. 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 
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(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. 315. 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). 
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(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 
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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. 316. 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 new sub-
section: 
‘‘(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. 317. VISA TERM COMPLIANCE BONDS. 
(a) DEFINITIONS.—For purposes of this section: 
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(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; 
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(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. 
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(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; 
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(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 United States 
Customs and Border Protection office or facil-
ity. 
(B) FORFEITURE OF BOND PREMIUM.—A 
principal may be surrendered without the re-
turn of any bond premium if the visa holder— 
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(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 
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(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 
United States Customs and Border Protec-
tion 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: 
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(A) BREACH OF BOND; PROCEDURE; FOR-
FEITURE; NOTICE.— 
(i) IN GENERAL.—If a visa holder vio-
lates any conditions of the visa or the visa 
bond the Secretary 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) ACCESS.—A bail agent or surety 
shall have full and complete access to all 
information, 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 øsection 213 of the 
REAL GUEST Act of 2007¿ ø???¿ that 
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the court issuing the warrant believes is 
crucial in locating the visa holder. 
(iii) ARREST; DETAINER.—If the visa 
holder is later arrested, detained, or other-
wise located outside the United States and 
the outlying possessions of the United 
States (as defined in section 101(a) of the 
Immigration and Nationality Act), the Sec-
retary 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. 
Subclause (II) may not be construed to 
prevent the Secretary from revoking or re-
setting a higher bond. 
(iv) ACTIONS.—If a visa holder vio-
lates any conditions of the visa or the visa 
bond the bail agent or surety shall— 
(I) produce the visa bond holder; 
or 
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(II)(aa) prove within 180 days 
that producing the bond holder was 
prevented— 
(AA) by the bond holder’s 
illness or death; 
(BB) because the bond hold-
er is detained in custody in any 
city, State, country, or political 
subdivision thereof; 
(CC) because the bond hold-
er has left the United States or 
its outlying possessions (as de-
fined in section 101(a) of the Im-
migration and Nationality Act (8 
U.S.C. 1101(a)); or 
(DD) because required no-
tice was not given to the bail 
agent or surety; and 
(bb) prove within 180 days that 
the inability to produce the bond hold-
er was not with the consent or conniv-
ance of the bail agent or sureties. 
(v) ASSESSMENT OF PENALTY WITHIN 
60 DAYS.—If the bail agent or surety does 
not comply with the terms of this bond 
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within 60 days after the mailing of the no-
tice required under clause (i)(IV), a por-
tion of the face value of the bond shall be 
assessed as a penalty against the surety. 
(vi) ASSESSMENT
OF
PENALTY
BE-
TWEEN 60 AND 90 DAYS.—If compliance 
occurs more than 60 days but no more 
than 90 days after the mailing of such no-
tice, the amount assessed shall be one- 
third of the face value of the bond. 
(vii) ASSESSMENT
OF
PENALTY
BE-
TWEEN 90 AND 180 DAYS.—If compliance 
occurs more than 90 days, but no more 
than 180 days, after the mailing of such 
notice, the amount assessed shall be two- 
thirds of the face value of the bond. 
(viii) 
ASSESSMENT
OF
PENALTY 
GREATER THAN 180 DAYS.—If compliance 
does not occur within 180 days after the 
mailing of such notice, the amount as-
sessed shall be 100 percent of the face 
value of the bond. 
(ix) PAYMENT
TERMS.—All penalty 
fees shall be paid by the surety within 45 
days after the end of such 180-day period. 
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(B) WAIVER.—The Secretary may waive 
the penalty fees or extend the period for pay-
ment or both under subparagraph (A), if— 
(i) a written request is filed with the 
Secretary; and 
(ii) the bail agent or surety provides 
evidence satisfactory to the Secretary that 
diligent efforts were made to effect compli-
ance of the visa holder. 
(C) COMPLIANCE; EXONERATION; LIMITA-
TION OF LIABILITY.— 
(i) COMPLIANCE.—The bail agent or 
surety shall have the absolute right to lo-
cate, apprehend, arrest, detain, and sur-
render any visa holder, wherever the visa 
holder may be found, who violates any of 
the terms and conditions of the visa or 
bond. 
(ii) EXONERATION.—Upon satisfying 
any of the requirements of the bond, the 
surety shall be completely exonerated. 
(iii) LIMITATION OF LIABILITY.—The 
total liability on any undertaking shall not 
exceed the face amount of the bond. 
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SEC. 318. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS. 
Section 236(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1226(a)(2)) is amended to read as follows: 
‘‘(2) subject to section 241(a)(8), may release 
the alien on bond of at least $10,000, with security 
approved by, and containing conditions prescribed 
by, the Secretary of Homeland Security, but the 
Secretary shall not release the alien on or to the 
alien’s own recognizance unless an order of an immi-
gration judge expressly finds that the alien is not a 
flight risk and is not a threat to the United States; 
and’’. 
SEC. 319. DETENTION OF ALIENS DELIVERED BY BONDS-
MEN. 
(a) IN GENERAL.—Section 241(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1231(a)) is amended 
by adding at the end the following: 
‘‘(8) EFFECT
OF
PRODUCTION
OF
ALIEN
BY 
BONDSMAN.—Notwithstanding any other provision 
of law, the Secretary of Homeland Security shall 
take into custody any alien subject to a final order 
of removal, and cancel any bond previously posted 
for the alien, if the alien is produced within the pre-
scribed time limit by the obligor on the bond. The 
obligor on the bond shall be deemed to have substan-
tially performed all conditions imposed by the terms 
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of the bond, and shall be released from liability on 
the bond, if the alien is produced within such time 
limit.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to all immigration bonds 
posted before, on, or after such date. 
SEC. 
320. 
INDEPENDENT 
VERIFICATION 
OF 
BIRTH 
RECORDS PROVIDED IN SUPPORT OF APPLI-
CATIONS FOR SOCIAL SECURITY ACCOUNT 
NUMBERS. 
(a) APPLICATIONS FOR SOCIAL SECURITY ACCOUNT 
NUMBERS.—Section 205(c)(2)(B)(ii) of the Social Secu-
rity Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended 
(1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and 
(2) by adding at the end the following new sub-
clause: 
‘‘(II) With respect to an application for a social secu-
rity account number for an individual, other than for pur-
poses of enumeration at birth, the Commissioner of Social 
Security shall require independent verification of any birth 
record provided by the applicant in support of the applica-
tion.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to applications filed 
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more than 180 days after the date of the enactment of 
this Act. 
SEC. 321. BIRTH CERTIFICATES. 
(a) APPLICABILITY
OF MINIMUM STANDARDS
TO 
LOCAL GOVERNMENTS.—The minimum standards in this 
section applicable to birth certificates issued by a State 
shall also apply to birth certificates issued by a local gov-
ernment in the State. It shall be the responsibility of the 
State to ensure that local governments in the State comply 
with the minimum standards. 
(b) MINIMUM STANDARDS FOR FEDERAL RECOGNI-
TION.— 
(1) 
MINIMUM
STANDARDS
FOR
FEDERAL 
USE.— 
(A) IN GENERAL.—Beginning 3 years after 
the date of the enactment of this Act, a Federal 
agency may not accept, for any official purpose, 
a birth certificate issued by a State to any per-
son unless the State is meeting the require-
ments of this section. 
(B) STATE
CERTIFICATIONS.—The Sec-
retary of Homeland Security shall determine 
whether a State is meeting the requirements of 
this section based on certifications made by the 
State to the Secretary. Such certifications shall 
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be made at such times and in such manner as 
the Secretary, in consultation with the Sec-
retary of Health and Human Services, may pre-
scribe by regulation. 
(2) MINIMUM
DOCUMENT
STANDARDS.—To 
meet the requirements of this section, a State shall 
include, on each birth certificate issued to a person 
by the State, the use of safety paper, the seal of the 
issuing custodian of record, and such other features 
as the Secretary of Homeland Security may deter-
mine necessary to prevent tampering, counterfeiting, 
and otherwise duplicating the birth certificate for 
fraudulent purposes. The Secretary may not require 
a single design to which birth certificates issued by 
all States must conform. 
(3) MINIMUM ISSUANCE STANDARDS.— 
(A) IN GENERAL.—To meet the require-
ments of this section, a State shall require and 
verify the following information from the re-
questor before issuing an authenticated copy of 
a birth certificate: 
(i) The name on the birth certificate. 
(ii) The date and location of the birth. 
(iii) The mother’s maiden name. 
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(iv) Substantial proof of the reques-
tor’s identity. 
(B) ISSUANCE TO PERSONS NOT NAMED 
ON BIRTH CERTIFICATE.—To meet the require-
ments of this section, in the case of a request 
by a person who is not named on the birth cer-
tificate, a State must require the presentation 
of legal authorization to request the birth cer-
tificate before issuance. 
(C) ISSUANCE TO FAMILY MEMBERS.—Not 
later than one year after the date of the enact-
ment of this Act, the Secretary of Homeland 
Security, in consultation with the Secretary of 
Health and Human Services and the States, 
shall establish minimum standards for issuance 
of a birth certificate to specific family members, 
their authorized representatives, and others who 
demonstrate that the certificate is needed for 
the protection of the requestor’s personal or 
property rights. 
(D) WAIVERS.—A State may waive the re-
quirements set forth in clauses (i) through (iii) 
of 
subparagraph 
(A) 
in 
exceptional 
cir-
cumstances, such as the incapacitation of the 
registrant. 
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(C) The effectiveness of the e-learning 
training course with respect to student-officer 
performance. 
(D) The convenience accorded to student- 
officers with respect to their ability to access 
the e-learning training course at their own con-
venience and to return to the on-line, e-learning 
website for refresher training and reference. 
(E) The ability of the on-line, e-learning 
website to safeguard the student officers’ pri-
vate and personal information while providing 
supervisors with appropriate information about 
student performance and course completion. 
(f) EXPANSION OF PROGRAM.— 
(1) IN GENERAL.—Following the completion of 
the demonstration project, the Department of Home-
land Security shall continue to make available the 
on-line, e-learning website and the e-learning train-
ing course, enroll in the e-learning training course 
100,000 new State, local, and tribal law enforcement 
officers annually, and consult with Congress regard-
ing the addition, substitution, or removal of partici-
pating States. 
(2) LIMITATION ON PARTICIPATION.—Officers 
shall be ineligible to participate in the expansion of 
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