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 
more than 180 days after the date of the enactment of 
this Act. 
SEC. 218. 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 
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. 
(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. 
(E) 
APPLICATIONS
BY
ELECTRONIC 
MEANS.—To meet the requirements of this sec-
tion, for applications by electronic means, 
through the mail or by phone or fax, a State 
shall employ third party verification, or equiva-
lent verification, of the identity of the re-
questor. 
(F) VERIFICATION
OF
DOCUMENTS.—To 
meet the requirements of this section, a State 
shall verify the documents used to provide proof 
of identity of the requestor. 
(4) OTHER REQUIREMENTS.—To meet the re-
quirements of this section, a State shall adopt, at a 
minimum, the following practices in the issuance 
and administration of birth certificates: 
(A) Establish and implement minimum 
building security standards for State and local 
vital record offices. 
(B) Restrict public access to birth certifi-
cates and information gathered in the issuance
process to ensure that access is restricted to en-
tities with which the State has a binding pri-
vacy protection agreement. 
(C) Subject all persons with access to vital 
records to appropriate security clearance re-
quirements. 
(D) Establish fraudulent document rec-
ognition training programs for appropriate em-
ployees engaged in the issuance process. 
(E) Establish and implement internal oper-
ating system standards for paper and for elec-
tronic systems. 
(F) Establish a central database that can 
provide interoperative data exchange with other 
States and with Federal agencies, subject to 
privacy restrictions and confirmation of the au-
thority and identity of the requestor. 
(G) Ensure that birth and death records 
are matched in a comprehensive and timely 
manner, and that all electronic birth records 
and paper birth certificates of decedents are 
marked ‘‘deceased’’. 
(H) Cooperate with the Secretary of 
Homeland Security in the implementation of
electronic verification of vital events under sub-
section (d). 
(c) ESTABLISHMENT OF ELECTRONIC BIRTH AND 
DEATH REGISTRATION SYSTEMS.—In consultation with 
the Secretary of Health and Human Services and the 
Commissioner of Social Security, the Secretary of Home-
land Security shall take the following actions: 
(1) Work with the States to establish a common 
data set and common data exchange protocol for 
electronic birth registration systems and death reg-
istration systems. 
(2) Coordinate requirements for such systems 
to align with a national model. 
(3) Ensure that fraud prevention is built into 
the design of electronic vital registration systems in 
the collection of vital event data, the issuance of 
birth certificates, and the exchange of data among 
government agencies. 
(4) Ensure that electronic systems for issuing 
birth certificates, in the form of printed abstracts of 
birth records or digitized images, employ a common 
format of the certified copy, so that those requiring 
such documents can quickly confirm their validity. 
(5) Establish uniform field requirements for 
State birth registries.
(6) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of Defense that will result in the shar-
ing of data, with the States and the Social Security 
Administration, regarding deaths of United States 
military personnel and the birth and death of their 
dependents. 
(7) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of State to improve registration, notifi-
cation, and the sharing of data with the States and 
the Social Security Administration, regarding births 
and deaths of United States citizens abroad. 
(8) Not later than 3 years after the date of es-
tablishment of databases provided for under this sec-
tion, require States to record and retain electronic 
records of pertinent identification information col-
lected from requestors who are not the registrants. 
(9) Not later than 6 months after the date of 
the enactment of this Act, submit to Congress, a re-
port on whether there is a need for Federal laws to 
address penalties for fraud and misuse of vital 
records and whether violations are sufficiently en-
forced.
(d) 
ELECTRONIC
VERIFICATION
OF
VITAL 
EVENTS.—
(1) LEAD AGENCY.—The Secretary of Home-
land Security shall lead the implementation of elec-
tronic verification of a person’s birth and death. 
(2) REGULATIONS.—In carrying out paragraph 
(1), the Secretary shall issue regulations to establish 
a means by which authorized Federal and State 
agency users with a single interface will be able to 
generate an electronic query to any participating 
vital records jurisdiction throughout the United 
States to verify the contents of a paper birth certifi-
cate. Pursuant to the regulations, an electronic re-
sponse from the participating vital records jurisdic-
tion as to whether there is a birth record in their 
database that matches the paper birth certificate will 
be returned to the user, along with an indication if 
the matching birth record has been flagged ‘‘de-
ceased’’. The regulations shall take effect not later 
than 5 years after the date of the enactment of this 
Act. 
(e) GRANTS TO STATES.—
(1) IN GENERAL.—The Secretary of Homeland 
Security may make grants to States to assist the
States in conforming to the minimum standards set 
forth in this section. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary of Homeland Security for each of the fiscal 
years 2006 through 2009 such sums as may be nec-
essary to carry out this section. 
(f) AUTHORITY.—
(1) PARTICIPATION WITH FEDERAL AGENCIES 
AND 25 STATES.—All authority to issue regulations, 
certify standards, and issue grants under this sec-
tion shall be carried out by the Secretary of Home-
land Security, with the concurrence of the Secretary 
of Health and Human Services and in consultation 
with State vital statistics offices and appropriate 
Federal agencies. 
(2) EXTENSIONS
OF
DEADLINES.—The Sec-
retary of Homeland Security may grant to a State 
an extension of time to meet the requirements of 
subsection (b)(1)(A) if the State provides adequate 
justification for noncompliance. 
(g) REPEAL.—Section 7211 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law 
108–458) is repealed.
SEC. 219. MAXIMUM PERIOD OF VALIDITY FOR STATE LI-
CENSES AND IDENTIFICATION DOCUMENTS. 
Section 202(d)(10) of the REAL ID Act of 2005 (di-
vision B of Public Law 109–13) is amended by striking 
‘‘8 years’’ and inserting ‘‘5 years’’. 
SEC. 220. ESTABLISHMENT OF IMMIGRATION AND CUS-
TOMS FIELD OFFICE IN TULSA, OKLAHOMA. 
(a) FINDINGS.—Congress finds the following: 
(1) On July 17, 2002, 18 illegal immigrants, 
including 3 minors, were taken into custody by the 
Tulsa County Sheriff’s Department and later re-
leased by the former Immigration and Naturaliza-
tion Service. 
(2) On August 13, 2002, an immigration task 
force meeting convened in Tulsa, Oklahoma, with 
the goal of bringing together local law enforcement 
and the Immigration and Naturalization Service to 
open a dialogue to find effective ways to better en-
force Federal immigration laws in the first District 
of Oklahoma. 
(3) On January 22, 2003, 4 new agents were 
hired at the Immigration and Naturalization Service 
office in Oklahoma City. 
(4) On January 30, 2003, 6 new special agents 
were added to the staff of the Immigration and Nat-
uralization Service’s Oklahoma office.
(5) On September 22, 2004, U.S. Immigration 
and Customs Enforcement authorized the release of 
18 possible illegal aliens that were in the custody of 
the City of Catoosa, Oklahoma Policy Department. 
Catoosa Police stopped a stuck carrying 18 persons, 
including children, in the early morning hours. Only 
2 of the detainees produced identification. One adult 
was arrested on drug possession charges, while the 
remaining individuals were released. 
(6) There is 1 U.S. Immigration and Customs 
Enforcement Office of Investigations in Oklahoma, 
which is located in Oklahoma City and has 12 
agents serving 3,500,000 people. 
(7) Interstate Highways I–44 and U.S.–75 are 
major roads through Tulsa, Oklahoma, and serve for 
the transportation of illegal immigrants to all areas 
of the United States. 
(8) The establishment of a U.S. Immigration 
and Customs Enforcement Office of Investigations 
field office in Tulsa, Oklahoma, will help enforce 
Federal immigration laws in eastern Oklahoma. 
(9) There are 7 Drug Enforcement Administra-
tion agents, and an estimated 22 Federal Bureau of 
Investigation agents, headquartered in Tulsa, Okla-
homa, while no U.S. Immigration and Customs En-
forcement agents are located in Tulsa, Oklahoma. 
(b) ESTABLISHMENT OF TULSA FIELD OFFICE.—
Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall, subject 
to the availability of appropriated funds, establish a U.S. 
Immigration and Customs Enforcement of Investigations 
field office in Tulsa, Oklahoma. 
Subtitle B—Reversing Unlawful 
Migration 
SEC. 221. MANDATORY EMPLOYMENT AUTHORIZATION 
VERIFICATION. 
(a) RENAMING
OF BASIC PILOT PROGRAM.—The 
basic pilot program established under section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1324a note) is hereby renamed the ‘‘Employment 
Authorization Status Instant Check’’ or ‘‘EASI Check’’ 
system. 
(b) PERMANENT OPERATION OF THE PROGRAM.—
The EASI Check system shall continue in operation per-
manently and shall not terminate. 
(c) MANDATORY USE OF EASI CHECK SYSTEM.—
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), every person or other entity that hires one
or more individuals for employment in the United 
States shall verify through the EASI Check system 
that each such individual is authorized to work in 
the United States. 
(2) SELECT ENTITIES REQUIRED TO USE EASI 
CHECK SYSTEM IMMEDIATELY.—The following enti-
ties must satisfy the requirement in paragraph (1) 
by not later than one year after the date of the en-
actment of this Act: 
(A) FEDERAL
AGENCIES.—Each depart-
ment and agency of the Federal Government; 
(B) FEDERAL
CONTRACTORS.—A con-
tractor that—
(i) has entered into a contract with 
the Federal Government to which section 
2(b)(1) of the Service Contract Act of 
1965 (41 U.S.C. 351(b)(1)) applies, and 
any subcontractor under such contract; or 
(ii) has entered into a contract ex-
empted from the application of such Act by 
section 6 of such Act (41 U.S.C. 356), and 
any subcontractor under such contract. 
(C) LARGER EMPLOYERS IN CERTAIN IN-
DUSTRIES.—An employer that employs more 
than 50 individuals in the United States in any
of the following industries, as defined by the 
Secretary of Labor: 
(i) Agriculture. 
(ii) Meat packing. 
(iii) Construction. 
(iv) Leisure and hospitality. 
(3) PHASING-IN FOR OTHER EMPLOYERS.—
(A) 2 YEARS FOR EMPLOYERS OF 20 OR 
MORE.—Entities that employ 20 or more indi-
viduals in the United States in any industry 
must satisfy the requirement in paragraph (1) 
by not later than two years after the date of the 
enactment of this Act. 
(B) 3 YEARS FOR ALL EMPLOYERS.—All 
entities that employ one or more individuals in 
the United States must satisfy the requirement 
in paragraph (1) by not later than three years 
after the date of the enactment of this Act. 
(4) VERIFYING EMPLOYMENT AUTHORIZATION 
OF CURRENT EMPLOYEES.—Every person or other 
entity that employs one or more persons in the 
United States shall verify through the EASI Check 
system by no later than four years after enactment 
that each employee is authorized to work in the 
United States.
(5) DEFENSE.—An employer who establishes 
that the employer complied in good faith with the re-
quirements in paragraphs (1) and (4) shall not be 
liable for hiring an unauthorized alien, if—
(A) such hiring occurred due to an error in 
the EASI Check system that was unknown to 
the employer at the time of such hiring; and 
(B) the employer terminates the employ-
ment of the alien upon being informed of the 
error. 
(6) SANCTIONS
FOR
NONCOMPLIANCE.—The 
failure of an employer to comply with the require-
ments in paragraph (1) or (4) shall—
(A) be treated as a violation of section 
274A(a)(1)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(a)(1)(B)) with re-
spect to each individual whose employment au-
thorization status was not verified; and 
(B) create a rebuttable presumption that 
the employer has violated section 274A(a)(1)(A) 
of such Act. 
(7) VOLUNTARY PARTICIPATION OF EMPLOYERS 
NOT
IMMEDIATELY
SUBJECT
TO
REQUIREMENT.—
Nothing in this subsection shall be construed as pre-
venting a person or other entity that is not imme-
diately subject to the requirement of paragraph (1) 
pursuant to paragraph (2) or (3) from voluntarily 
using the EASI Check system to verify the employ-
ment authorization of new hires, current employees, 
or both. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
required to carry out this section. 
SEC. 222. EMPLOYER SANCTIONS. 
(a) INCREASE IN PENALTY FOR VIOLATIONS.—Sub-
section 274A(e)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(e)(4)) is amended—
(1) in subparagraph (A)(i), by striking ‘‘not 
less than $250 and not more than $2,000’’ and in-
serting ‘‘$5,000’’; 
(2) in subparagraph (A)(ii), by striking ‘‘not 
less than $2,000 and not more than $5,000’’ and in-
serting ‘‘$10,000’’; 
(3) in subparagraph (A)(iii), by striking ‘‘not 
less than $3,000 and not more than $10,000’’ and 
inserting ‘‘$25,000’’; and 
(4) in subparagraph (B), by striking clause (i) 
and redesignating clause (ii) as clause (i). 
(b) ENFORCEMENT THROUGH LIMITATION
ON H 
NONIMMIGRANT PETITIONS.—Subsection 274A(e) of such
Act (8 U.S.C. 1324a(e)) is further amended by adding at 
the end the following: 
‘‘(10) LIMITATION ON H NONIMMIGRANT PETI-
TIONS.—Any person or entity found in violation of 
subsection (a)(1)(A) or (a)(2) shall be ineligible for 
a period of 5 years following the first offense, and 
permanently following the second offense, to petition 
for 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H).’’. 
(c) INCREASE
IN
CRIMINAL
PENALTY.—Section 
274A(f)(1) of such Act (8 U.S.C. 1324a(f)(1)) is amended 
to read as follows: 
‘‘(1) CRIMINAL PENALTY.—Any person or enti-
ty which engages in a pattern or practice of viola-
tions of subsection (a)(1)(A) or (a)(2) shall be fined 
not more than $25,000 for each unauthorized alien 
with respect to whom such a violation occurs, im-
prisoned for not less than one year, or both, notwith-
standing the provisions of any other Federal law re-
lating to fine levels.’’. 
SEC. 223. LIMITED DURATION SOCIAL SECURITY ACCOUNT 
NUMBERS FOR NONIMMIGRANTS. 
(a) TEMPORARY SOCIAL SECURITY CARDS FOR NON-
IMMIGRANTS.—Section 205(c)(2)(G) of the Social Secu-
rity Act (42 U.S.C. 405(c)(2)(G)) is amended by inserting
after the first sentence the following: ‘‘Social security 
cards issued to aliens who are not lawful permanent resi-
dents, but who are authorized to engage in employment 
in the United States, shall bear on their face an expiration 
date that coincides with the expiration of the alien’s per-
mission to be employed in the United States. The social 
security account numbers on such cards shall not be valid 
to prove work authorization, either through the EASI 
Check system or otherwise, following their expiration.’’. 
(b) TIMING OF ISSUANCE TO ALIENS.—Subclause (I) 
of section 205(c)(2)(B)(i) of the Social Security Act (42 
U.S.C. 405(c)(2)(B)(i)(I)) is amended to read as follows: 
‘‘(I) to aliens at the time of their lawful admis-
sion to the United States for or adjustment of status 
to— 
‘‘(aa) permanent residence; or 
‘‘(bb) temporary or other short-term resi-
dence in a category that permits them to en-
gage in employment in the United States, ex-
cept that these aliens shall be issued the social 
security cards described in the second sentence 
of subparagraph (G);’’.
SEC. 224. MANDATORY NOTIFICATION OF SOCIAL SECURITY 
ACCOUNT NUMBER MISMATCHES AND MUL-
TIPLE USES. 
(a) NOTIFICATION OF MISMATCHED NAME AND SO-
CIAL SECURITY ACCOUNT NUMBER.—The Commissioner 
of Social Security shall notify on an annual basis each 
United States employer with one or more employees whose 
social security account number does not match the em-
ployee’s name or date of birth in the Commissioner’s 
records. Such notification shall instruct employers to no-
tify listed employees that they have 10 business days to 
correct the mismatch with the Social Security Administra-
tion or the employer will be required to terminate their 
employment. The notification also shall inform employers 
that they may not terminate listed employees prior to the 
close of the 10-day period. 
(b) NOTIFICATION
OF MULTIPLE USES
OF INDI-
VIDUAL SOCIAL SECURITY ACCOUNT NUMBERS.—Prior to 
crediting any individual with concurrent earnings from 
more than one employer, the Commissioner of Social Secu-
rity shall notify the individual that earnings from two or 
more employers are being reported under the individual’s 
social security account number. Such notice shall include, 
at a minimum, the name and location of each employer 
and shall direct the individual to contact the Social Secu-
rity Administration to present proof that the individual
is the person to whom the social security account number 
was issued and, if applicable, to present a pay stub or 
other documentation showing that such individual is em-
ployed by both or all employers reporting earnings to that 
social security account number. 
SEC. 225. NO SOCIAL SECURITY CREDIT FOR WORK PER-
FORMED WHILE UNLAWFULLY PRESENT. 
Sections 214(c)(1) and 223(a)(1)(C)(i) of the Social 
Security Act (42 U.S.C. 414(c)(1), 423(a)(1)(C)(i)), as 
added by section 211 of the Social Security Protection Act 
of 2004 (Public Law 108–203), are each amended by 
striking ‘‘at the time of assignment, or at any later time’’ 
and inserting ‘‘at the time any such quarters of coverage 
are earned’’. 
SEC. 226. REDUCING INDIVIDUAL TAXPAYER IDENTIFICA-
TION NUMBER ABUSE. 
(a) MODIFIED IT IN FORMAT AND LAWFUL PRES-
ENCE REQUIREMENT.—
(1) IN GENERAL.—Section 6109(c) of the Inter-
nal Revenue Code of 1986 is amended to read as fol-
lows: 
‘‘(c) REQUIREMENT OF INFORMATION.—
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the Secretary is authorized to require such in-
formation as may be necessary to assign an identi-
fying number of any person. 
‘‘(2) SEPARATE
FROM
SOCIAL
SECURITY
AC-
COUNT NUMBERS.—Any identifying number assigned 
by the Secretary shall be comprised of a sequence of 
numerals and dashes that is visually distinguishable 
from and will not be mistaken for a social security 
account number. 
‘‘(3) VERIFICATION OF STATUS FOR ALIENS.—
Prior to issuing any identifying number, the Sec-
retary shall verify with the Department of Homeland 
Security that the applicant for such number is law-
fully present in the United States.’’. 
(2) EFFECTIVE DATE.—Section 6109(c)(2) of 
the Internal Revenue Code of 1986, as added by 
paragraph (1), shall take effect no later than 30 
days after the date of enactment of this Act. 
(b) INFORMATION SHARING.—
(1) IN GENERAL.—Section 6103(i)(3) of the In-
ternal Revenue Code of 1986 is amended by adding 
at the end the following new subparagraph: 
‘‘(D) POSSIBLE VIOLATIONS OF FEDERAL 
IMMIGRATION
LAW.—The Secretary shall dis-
close in electronic format to the Secretary of 
Homeland Security the taxpayer identity (as de-
fined in subsection (b)(6)) of each taxpayer who 
has been assigned an individual taxpayer identi-
fication number. The Secretary of Homeland 
Security may disclose such information to offi-
cers and employees of the Department to the 
extent necessary to enforce Federal immigration 
laws.’’
(2) EFFECTIVE DATE.—The Secretary of the 
Treasury shall disclose information under the 
amendment made by paragraph (1) not later than 
60 days after the date of the enactment of this Act. 
SEC. 227. LIMITED ELIGIBILITY FOR TAX CREDITS AND RE-
FUNDS. 
Notwithstanding any other provision of law, an indi-
vidual who submits to the Internal Revenue Service an in-
come tax return that relies on an individual taxpayer iden-
tification number in lieu of a social security account num-
ber shall not be eligible for any tax credit or refund, in-
cluding the earned income tax credit under section 32 of 
the Internal Revenue Code of 1986. 
SEC. 228. PENALTY FOR FAILURE TO FILE CORRECT INFOR-
MATION RETURNS. 
(a) MOST EGREGIOUS NONCOMPLIANT EMPLOY-
ERS.—Section 6721 of the Internal Revenue Code is 
amended—
(1) by striking subsections (b), (c), and (d); 
(2) by redesignating subsection (e) as sub-
section (b); and 
(3) by adding at the end the following new sub-
section: 
‘‘(c) PENALTY
FOR EGREGIOUS NONCOMPLIANCE 
EMPLOYERS.—The Secretary shall assess the maximum 
allowable penalties on each employer designated in any 
taxable year by the Social Security Administration as one 
of the most egregious non-compliant employers.’’. 
(b) STANDARD COMPLIANCE PROGRAM.—
(1) IN GENERAL.—No later than 60 days after 
the date of enactment of this Act, the Secretary of 
the Treasury, in consultation with the Commissioner 
of Social Security and the Secretary of Homeland 
Security, shall implement a regularly scheduled pro-
gram for proposing, assessing, and collecting pen-
alties from the filers of incorrect information returns 
under the Internal Revenue Code of 1986. 
(2) REPORT.—The Secretary of the Treasury 
shall report to Congress no later than 180 days after 
the date of enactment of this Act on the results of 
the program required in paragraph (1). Such report 
shall include at least the following:
(A) The total number of filers who sub-
mitted incorrect information returns. 
(B) The number of incorrect information 
returns submitted by such filers. 
(C) The total amount of penalties pro-
posed, assessed and collected through the pro-
gram. 
(D) The number of waivers granted to fil-
ers of incorrect information returns. 
SEC. 229. ADJUSTMENT OF STATUS. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended—
(1) by striking subsections (a) through (i) and 
subsection (k); 
(2) by redesignating subsection (j) as sub-
section (b); 
(3) in subsection (l)—
(A) in paragraph (1), by striking ‘‘, in the 
opinion of the Attorney General,’’; 
(B) in paragraph (1)(C)(ii), by striking ‘‘, 
or’’ and inserting ‘‘, and’’; 
(C) in paragraph (4), by striking ‘‘may 
waive’’ and all that follows and inserting ‘‘may 
waiver the application of paragraphs (1) and 
(4) of section 212(a)’’;
(D) in paragraph (5), by inserting before 
the period at the end the following: ‘‘and the 
Secretary of State shall reduce by one the num-
ber of visas authorized to be issued under sec-
tions 201(e) and 203(c) for the fiscal year then 
current’’; and 
(E) by redesignating subsection (l) as sub-
section (c); 
(4) in subsection (m)—
(A) by amending paragraph (1)(B) to read 
as follows: 
‘‘(B) the alien would suffer extreme hard-
ship if removed from the United States.’’; 
(B) in paragraph (4), by inserting before 
the period at the end the following: ‘‘and the 
Secretary of State shall reduce by one the num-
ber of visas authorized to be issued under sec-
tions 201(c) and 203(a)(4) for the fiscal year 
then current’’; and 
(C) by redesignating subsection (m) as 
subsection (d); 
(5) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; and
(6) by inserting before subsection (b) (as so re-
designated) the following: 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity may not adjust the status of any alien to that of 
an alien lawfully admitted for permanent residence except 
as authorized by subsections (b), (c), and (d) of this sec-
tion and by section 209.’’. 
SEC. 230. REVOCATION OF TEMPORARY STATUS. 
(a) TERMINATION OF ASYLUM.—Section 208(c)(2) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1158(c)(2)) is amended by striking ‘‘may be terminated 
if the Attorney General’’ and inserting ‘‘shall be termi-
nated if the Secretary of Homeland Security’’. 
(b) ALIENS ELIGIBLE FOR TEMPORARY PROTECTED 
STATUS.—Section 244(c) of such Act (8 U.S.C. 1254a(c)) 
is amended—
(1) in paragraph (3)(B)—
(A) by striking ‘‘except as provided in 
paragraph (4) and permitted in subsection 
(f)(3),’’; and 
(B) by inserting before the comma at the 
end the following: ‘‘, except where a brief trip 
abroad is required by emergency and is author-
ized prior to the alien’s travel by the Secretary 
of Homeland Security or is due to extenuating
circumstances outside the control of the alien’’; 
and 
(2) by striking paragraph (4) and redesignating 
paragraphs (5) and (6) as paragraphs (4) and (5), 
respectively. 
(c) BENEFITS
AND STATUS DURING PERIOD
OF 
TEMPORARY PROTECTED STATUS.—Section 244(f) of 
such Act (8 U.S.C. 1254a(f)) is amended—
(1) by adding ‘‘and’’ at the end of paragraph 
(2); 
(2) by striking paragraph (3); and 
(3) by redesignating paragraph (4) as para-
graph (3). 
SEC. 231. REPEAL OF AMNESTY PROVISION. 
(a) IN GENERAL.—Section 249 of the Immigration 
and Nationality Act (8 U.S.C. 1259) is repealed. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
striking the item relating to section 249. 
SEC. 232. PENALTIES FOR VIOLATIONS OF FEDERAL IMMI-
GRATION LAWS BY STATES AND LOCALITIES. 
(a) PREFERENTIAL TREATMENT
OF ALIENS
NOT 
LAWFULLY PRESENT FOR HIGHER EDUCATION BENE-
FITS.—Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Pub. Law 104–
208) is amended—
(1) in subsection (a), by inserting ‘‘or gradua-
tion from a high school in the United States’’ after 
‘‘on the basis of residence’’; and 
(2) by adding at the end the following: 
‘‘(c) ANNUAL REPORT.—The Attorney General shall 
report annually to Congress on which, if any, post-sec-
ondary educational institutions are providing benefits in 
contravention of this section. 
‘‘(d) LIMITATION ON FEDERAL FINANCIAL ASSIST-
ANCE.—No Federal agency shall provide any grant, reim-
bursement, or other financial assistance to any post-sec-
ondary educational institution determined under sub-
section (c) to be providing benefits in contravention of this 
section. Any funds withheld under this subsection shall be 
reallocated among qualifying educational institutions that 
are in compliance with subsection (a).’’. 
(b) NON-COOPERATION
BY STATES
AND LOCAL-
ITIES.—Section 241(i) of the Immigration and Nationality 
Act (8 U.S.C. 1231(i)) is amended by adding at the end 
the following: 
‘‘(7) Prior to entering into a contractual ar-
rangement with a State or political subdivision 
under paragraph (1), the Attorney General shall de-
termine whether such State or political subdivision 
has in place any formal or informal policy that vio-
lates section 642 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1373). The Attorney General shall not enter into a 
contractual arrangement with, or allocate any of the 
funds made available under this section to, any 
State or political subdivision with a policy that vio-
lates such section.’’. 
SEC. 233. CLARIFICATION OF INHERENT AUTHORITY OF 
STATE AND LOCAL LAW ENFORCEMENT. 
Notwithstanding any other provision of law and re-
affirming the existing inherent authority of States, law en-
forcement personnel of a State or a political subdivision 
of a State have the inherent authority of a sovereign entity 
to apprehend, arrest, detain, or transfer to Federal cus-
tody aliens in the United States (including the transpor-
tation of such aliens across State lines to detention cen-
ters), in the enforcement of the immigration laws of the 
United States. This State authority has never been dis-
placed or preempted by Congress.