To provide for immigration reform.

July 20, 2005

Mr. CORNYN (for himself and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To provide for immigration reform.

Be it enacted by the Senate and House of Representatives 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 `Comprehensive Enforcement and Immigration Reform 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--BORDER ENFORCEMENT AND VISA SECURITY

Sec. 101. Necessary assets for controlling United States borders.

Sec. 102. Expedited removal between ports of entry.

Sec. 103. Document fraud detection.

Sec. 104. Improved document integrity.

Sec. 105. Cancellation of visas.

Sec. 106. Biometric entry-exit system.

Sec. 107. Release of aliens from noncontiguous countries.

Sec. 108. Reducing illegal immigration and alien smuggling on tribal lands.

TITLE II--INTERIOR ENFORCEMENT

Subtitle A--General Enforcement

Sec. 201. Detention space and removal capacity.

Sec. 202. Detention of dangerous aliens.

Sec. 203. Increased criminal penalties for alien smuggling, document fraud, gang violence, and drug trafficking.

Sec. 204. Penalty for countries that do not accept return of nationals.

Sec. 205. No judicial review of visa revocation.

Sec. 206. Alternatives to detention.

Sec. 207. Removal of aliens.

Sec. 208. Additional immigration personnel.

Sec. 209. Completion of background and security checks.

Sec. 210. Denial of benefits to terrorists and criminals.

Sec. 211. Reinstatement of previous removal orders.

Sec. 212. Automated alien records.

Subtitle B--State and Local Law Enforcement

Sec. 221. Immigration law enforcement by States and political subdivisions of States.

Sec. 222. State and local law enforcement provision of information regarding aliens

Sec. 223. Listing of immigration violators in the National Crime Information Center database.

Sec. 224. Increase of Federal detention space and the utilization of facilities identified for closures as a result of the Defense Base Closure Realignment Act of 1990.

Sec. 225. Federal custody of illegal aliens apprehended by State or local law enforcement.

Sec. 226. Immunity.

Sec. 227. State criminal alien assistance program.

Sec. 228. Construction.

Sec. 229. State Defined.

TITLE III--WORKSITE ENFORCEMENT AND EMPLOYMENT VERIFICATION SYSTEM

Subtitle A--Increased Enforcement Resources and Penalties

Sec. 301. Additional worksite enforcement and fraud detection agents.

Sec. 302. Penalties for unauthorized employment and false claims of citizenship.

Sec. 303. Penalties for misusing social security numbers or filing false information with Social Security Administration.

Subtitle B--Increased Document Integrity

Sec. 311. Social Security cards.

Sec. 312. Birth certificates.

Subtitle C--Mandatory Electronic Employment Verification of All Workers in the United States

Sec. 321. Employment eligibility verification program.

Subtitle D--Reduction in Employer Burdens

Sec. 331. Reduction in documents that establish identity and employment authorization.

Sec. 332. Good faith compliance.

TITLE IV--REQUIREMENTS FOR PARTICIPATING COUNTRIES

Sec. 401. Requirements for participating countries.

TITLE V--NONIMMIGRANT TEMPORARY WORKER PROGRAM

Sec. 501. Nonimmigrant temporary worker category.

Sec. 502. Temporary worker program.

Sec. 503. Statutory construction.

Sec. 504. Authorization of appropriations.

TITLE VI--MANDATORY DEPARTURE AND REENTRY IN LEGAL STATUS

Sec. 601. Mandatory departure and reentry in legal status.

Sec. 602. Statutory construction.

Sec. 603. Authorization of appropriations.

TITLE VII--ALIEN EMPLOYMENT MANAGEMENT SYSTEM

Sec. 701. Alien employment management system.

Sec. 702. Labor investigations.

TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD

Sec. 801. Grants to support public education and training.

TITLE IX--CIRCULAR MIGRATION

Sec. 901. Investment accounts.

TITLE X--BACKLOG REDUCTION

Sec. 1001. Employment based immigrants.

Sec. 1002. Country limits.

Sec. 1003. Allocation of immigrant visas.

TITLE XI--TEMPORARY AGRICULTURAL WORKERS

Sec. 1101. Sense of the Senate on temporary agricultural workers.

TITLE I--BORDER ENFORCEMENT AND VISA SECURITY

SEC. 101. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS.

(a) Personnel-

(1) CUSTOMS AND BORDER PROTECTION OFFICERS- In each of the fiscal years 2006 through 2010, the Secretary of Homeland Security shall increase by not less than 250 the number of positions for full-time active duty Customs and Border Protection officers.

(2) AUTHORIZATION OF APPROPRIATIONS-

(A) CUSTOMS AND BORDER PROTECTION OFFICERS- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out paragraph (1).

(B) BORDER PATROL AGENTS- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734).

(C) TRANSPORTATION OF ALIENS- There are authorized to be appropriated $25,000,000 for each of fiscal years 2006 through 2010 for the transportation of aliens.

(b) Technological Assets-

(1) ACQUISITION- The Secretary of Homeland Security shall procure unmanned aerial vehicles, cameras, poles, sensors, and other technologies necessary to achieve operational control of the borders of the United States.

(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $500,000,000 for each of fiscal years 2006 through 2010 to carry out paragraph (1).

(c) Infrastructure-

(1) CONSTRUCTION OF BORDER CONTROL FACILITIES- The Secretary of Homeland Security shall construct all-weather roads and shall acquire vehicle barriers and necessary facilities to support its mission of achieving operational control of the borders of the United States.

(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $500,000,000 for each of fiscal years 2006 through 2010 to carry out paragraph (1).

(d) Border Patrol Checkpoints- Temporary or permanent checkpoints may be maintained on roadways in border patrol sectors close to the border between the United States and Mexico.

SEC. 102. EXPEDITED REMOVAL BETWEEN PORTS OF ENTRY.

(a) In General- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended--

(1) in subsection (b)(1)(A)(i), by striking `the officer' the inserting `a supervisory officer' and

(2) in subsection (c), by adding at the end the following:

`(4) EXPANSION- The Secretary of Homeland Security shall make the expedited removal procedures under this subsection available in all border patrol sectors on the southern border of the United States as soon as operationally possible.

`(5) TRAINING- The Secretary of Homeland Security shall provide employees of the Department of Homeland Security with comprehensive training of the procedures authorized under this subsection.'.

(b) Authorization of Appropriations- There are authorized to be appropriated $10,000,000 for each of fiscal years 2006 through 2010 to carry out the amendments made by this section.

SEC. 103. DOCUMENT FRAUD DETECTION.

(a) Training- The Secretary of Homeland Security shall provide all customs and border protection officers with training in identifying and detecting fraudulent travel documents. Such training shall be developed in consultation with the Forensic Document Laboratory of the Immigration and Customs Enforcement

(b) Forensic Document Laboratory- The Secretary of Homeland Security shall provide all customs and border protection officers with access to the Forensic Document Laboratory.

(c) Authorization of Appropriations- There are authorized to be appropriated $5,000,000 for each of fiscal years 2006 through 2010 to carry out this section.

SEC. 104. IMPROVED DOCUMENT INTEGRITY.

Section 303 of Public Law 107-173 (8 U.S.C. 1732) is amended--

(1) in the header, by striking `entry and exit documents' and inserting `travel and entry documents and evidence of status';

(2) in subsection (b)(1)--

(A) by striking `Not later than October 26, 2004, the Attorney General' and inserting `The Secretary of Homeland Security'; and

(B) by striking `visas and' each place it appears and inserting `visas, evidence of status, and';

(3) by redesignating subsection (d) as subsection (e); and

(4) by inserting after subsection (c) the following:

`(d) Other Documents- Not later than October 26, 2007, every document, other than an interim document, issued by the Department of Homeland Security, which may be used as evidence of immigrant, nonimmigrant, parole, asylee, or refugee status, shall be machine-readable, tamper-resistant, and incorporate a biometric identifier to allow the Department of Homeland Security to electronically verify the identity and status of the alien.'.

SEC. 105. CANCELLATION OF VISAS.

Section 222(g) of the Immigration and Nationality Act (8 U.S.C. 1202(g)) is amended--

(1) in paragraph (1), by inserting `and any other nonimmigrant visa issued by the United States that is in the possession of the alien' after `such visa'; and

(2) in paragraph (2)(A), by striking `(other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality' and inserting `(other than a visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality or foreign residence'.

SEC. 106. BIOMETRIC ENTRY-EXIT SYSTEM.

(a) Grounds of Inadmissibility- Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended--

(1) in subsection (a)(7), by adding at the end the following:

`(C) WITHHOLDERS OF BIOMETRIC DATA- Any alien who fails to comply with a lawful request for biometric data under section 215(c) or 235(d) is inadmissible.'; and

(2) in subsection (d), by inserting after paragraph (1) the following:

`(2) The Secretary of Homeland Security shall determine whether a ground for inadmissibility exists with respect to an alien described in subparagraph (C) subsection (a)(7) and may waive the application of such subparagraph, for an individual alien or a class of aliens, at the discretion of the Secretary.'.

(b) Collection of Biometric Data From Aliens Departing the United States- Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) is amended--

(1) by redesignating subsection (c) as subsection (g); and

(2) by inserting after subsection (b) the following:

`(c) The Secretary of Homeland Security is authorized to require aliens departing the United States to provide biometric data and other information relating to their immigration status.'.

(c) Inspection of Applicants for Admission- Section 235(d) of the Immigration and Nationality Act (8 U.S.C. 1185(d)) is amended by adding at the end the following:

`(5) AUTHORITY TO COLLECT BIOMETRIC DATA- In conducting inspections under subsection (b), immigration officers are authorized to collect biometric data from--

`(A) any applicant for admission or alien seeking to transit through the United States; or

`(B) any lawful permanent resident who is entering the United States, but is not regarded as seeking admission under section 101(a)(13)(C).'.

(d) Collection of Biometric Data From Alien Crewman- Section 252 of the Immigration and Nationality Act (8 U.S.C. 1282) is amended by inserting `Immigration officers are authorized to collect biometric data from any alien crewman seeking permission to land temporarily in the United States.' after `this title.'.

(e) Implementation- Section 7208 of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 1365b) is amended--

(1) in subsection (c), by adding at the end the following:

`(3) IMPLEMENTATION- In fully implementing the automated biometric entry and exit data system under this section, the Secretary is not required to comply with the requirements of chapter 5 of title 5, United States Code (commonly referred to as the `Administrative Procedures Act') or any other law relating to rulemaking, information collection, or publication in the Federal Register.'; and

(2) in subsection (l)--

(A) by striking `There are authorized' and inserting the following:

`(1) IN GENERAL- There are authorized'; and

(B) by adding at the end the following:

`(2) IMPLEMENTATION AT ALL LAND BORDER PORTS OF ENTRY- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 and 2007 to implement the automated biometric entry and exit data system at all land border ports of entry.'.

SEC. 107. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

(a) Minimum Bond- Section 236(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1226(a)(2)) is amended--

(1) by striking `on';

(2) in subparagraph (A)--

(A) by inserting `except as provided under subparagraph (B), upon the giving of a'; and

(B) by striking `or' at the end;

(3) by redesignating subparagraph (B) as subparagraph (C); and

(4) by inserting after subparagraph (A) the following:

`(B) if the alien is a national of a noncontiguous country, has not been admitted or paroled into the United States, and was apprehended within 100 miles of the international border of the United States or presents a flight risk, as determined by the Secretary of Homeland Security, upon the giving of a bond of at least $5,000 with security approved by, and containing conditions prescribed by, the Secretary of Homeland Security or the Attorney General; or'.

(b) Report- Not later than 2 years after the effective date of this Act, the Secretary of Homeland Security shall submit a report to Congress on the number of aliens from noncontiguous countries who are apprehended between land border ports of entry.

SEC. 108. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL LANDS.

(a) Grants Authorized- The Secretary of Homeland Security may award grants to Indian tribes with lands adjacent to an international border of the United States that have been adversely affected by illegal immigration.

(b) Use of Funds- Grants awarded under subsection (a) may be used for--

(1) law enforcement activities;

(2) health care services;

(3) environmental restoration; and

(4) the preservation of cultural resources.

(c) Report- Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that--

(1) describes the level of access of Border Patrol agents on tribal lands;

(2) describes the extent to which enforcement of immigration laws may be improved by enhanced access to tribal lands;

(3) contains a strategy for improving such access through cooperation with tribal authorities; and

(4) identifies grants provided by the Department of Homeland Security for Indian tribes, either directly or through State or local grants, relating to border security expenses.

(d) Authorization of Appropriations- There are authorized to be appropriated $10,000,000 for each of fiscal years 2006 through 2010 to carry out this section.

TITLE II--INTERIOR ENFORCEMENT

Subtitle A--General Enforcement

SEC. 201. DETENTION SPACE AND REMOVAL CAPACITY.

Section 5204 of the Intelligence Reform and Terrorism Protection Act of 2004 (118 Stat. 3734) is amended--

(1) in subsection (a), by striking `8,000' and inserting `10,000'; and

(2) by adding at the end the following:

`(c) Authorization of Appropriations- In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out subsection (a).'.

SEC. 202. DETENTION OF DANGEROUS ALIENS.

(a) Removal of Terrorist Aliens-

(1) IN GENERAL- Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended--

(A) in section 208(b)(2)(A), by amending clause (v) to read as follows:

`(v) the alien is described in section 212(a)(3)(B), 212(a)(3)(F), or 237(a)(4)(B) unless, in the case only of an alien described in section 212(a)(3)(B)(i)(IV), the Secretary of Homeland Security or the Attorney General determines that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; or';

(B) in section 240A(c), by amending paragraph (4) to read as follows:

`(4) An alien described in section 212(a)(3) or 237(a)(4).';

(C) in section 240B(b)(1)(C), by striking `deportable under' and inserting `described in';

(D) in section 241(b)(3)(B)--

(i) in clause (iii), by striking `or' at the end;

(ii) in clause (iv), by striking the period at the end and inserting `; or';

(iii) by inserting after clause (iv) the following:

`(v) the alien is described in section 212(a)(3)(B), 212(a)(3)(F), or 237(a)(4)(B), unless, in the case only of an alien described in section 212(a)(3)(B)(i)(IV), the Secretary of Homeland Security or the Attorney General determines that there are not reasonable grounds for regarding the alien as a danger to the security of the United States.'; and

(iv) by striking `For purposes of clause (iv)' and all that follows; and

(E) in section 249--

(i) by striking `inadmissible under section 212(a)(3)(E) or under section' and inserting `described in section 212(a)(3)(E) or'; and

(ii) in subsection (d), by striking `to citizenship and is not deportable under' and inserting `for citizenship and is not described in'.

(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on the date of enactment of this Act and shall apply to--

(A) all aliens subject to removal, deportation, or exclusion at any time; and

(B) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such effective date.

(b) Detention of Dangerous Aliens-

(1) IN GENERAL- Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended--

(A) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security';

(B) in paragraph (2), by inserting `If a court orders a stay of removal of an alien who is subject to an order of removal that is administratively final, the Secretary of Homeland Security, in the exercise of the Secretary's discretion, may detain the alien during the pendency of such stay of removal, before the beginning of the removal period, as provided in paragraph (1)(B)(ii).' after `detain the alien.'; and

(C) in paragraph (6), by striking `removal period and, if released,' and inserting `removal period, in the discretion of the Secretary, without any limitations other than those specified by the Secretary of Homeland Security by regulation, until the alien is removed. If an alien is released, the alien'.

(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect upon the date of enactment of this Act, and shall apply to cases in which the final administrative removal order was issued before, on, or after such date.

SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING, DOCUMENT FRAUD, GANG VIOLENCE, AND DRUG TRAFFICKING.

(a) Alien Smuggling- Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended--

(1) in paragraph (1)(B)--

(A) in clause (i), by striking `10 years' and inserting `15 years';

(B) in clause (ii), by striking `5 year' and inserting `10 years'; and

(C) in clause (iii), by striking `20 years' and inserting `40 years';

(2) in paragraph (2)--

(A) in subparagraph (A), by striking `one year, or both; or' and inserting `3 years, or both';

(B) in subparagraph (B)--

(i) in clause (i), by adding at the end the following: `be fined under title 18, United States Code, and imprisoned not less than 5 years nor more than 25 years;';

(ii) in clause (ii), by striking `or' at the end and inserting the following: `be fined under title 18, United States Code, and imprisoned not less than 3 years not more than 20 years; or'; and

(iii) in clause (iii), by adding at the end the following: `be fined under title 18, United States Code, and imprisoned not more than 15 years; or'; and

(C) by striking the matter following clause (iii) and inserting the following:

`(C) in the case of a third or subsequent offense described in subparagraph (B) and for any other violation, shall be fined under title 18, United States Code, and imprisoned not less than 5 years nor more than 15 years.';

(3) in paragraph (3)(A), by striking `5 years' and inserting `10 years'; and

(4) in paragraph (4), by striking `10 years' and inserting `20 years'.

(b) Document Fraud- Section 1546 of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) by striking `not more than 25 years' and inserting `not less than 25 years'

(B) by inserting `and if the terrorism offense resulted in the death of any person, shall be punished by death or imprisoned for life,' after `section 2331 of this title)),';

(C) by striking `20 years' and inserting `imprisoned not more than 40 years';

(D) by striking `10 years' and inserting `imprisoned not more than 20 years'; and

(E) by striking `15 years' and inserting `imprisoned not more than 25 years'; and

(2) in subsection (b), by striking `5 years' and inserting `10 years'.

(c) Crimes of Violence-

(1) IN GENERAL- Title 18, United States Code, is amended by inserting after chapter 51 the following:

`CHAPTER 52--ILLEGAL ALIENS

`Sec.

`1131. Enhanced penalties for certain crimes committed by illegal aliens.

`Sec. 1131. Enhanced penalties for certain crimes committed by illegal aliens

`(a) Any alien unlawfully present in the United States, who commits, or conspires or attempts to commit, a crime of violence or a drug trafficking offense (as defined in section 924), shall be fined under this title and sentenced to not less than 5 years in prison.

`(b) If an alien who violates subsection (a) was previously ordered removed under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on the grounds of having committed a crime, the alien shall be sentenced to not less than 15 years in prison.

`(c) A sentence of imprisonment imposed under this section shall run consecutively to any other sentence of imprisonment imposed for any other crime.'.

(2) CLERICAL AMENDMENT- The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 51 the following:

1131'.

(d) Criminal Street Gangs-

(1) INADMISSIBILITY- Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended--

(A) by redesignating subparagraph (F) as subparagraph (J); and

(B) by inserting after subparagraph (E) the following:

`(F) ALIENS WHO ARE MEMBERS OF CRIMINAL STREET GANGS- Any alien who is a member of a criminal street gang (as defined in section 521(a) of title 18, United States Code) is inadmissible.'.

(2) DEPORTABILITY- Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

`(F) ALIENS WHO ARE MEMBERS OF CRIMINAL STREET GANGS- Any alien who is a member of a criminal street gang (as defined in section 521(a) of title 18, United States Code) is deportable.'.

(3) TEMPORARY PROTECTED STATUS- Section 244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)) is amended--

(A) in clause (i), by striking `or' at the end;

(B) in clause (ii), by striking the period at the end and inserting `; or'; and

(C) by adding at the end the following:

`(iii) the alien is a member of a criminal street gang (as defined in section 521(a) of title 18, United States Code).'.

SEC. 204. PENALTY FOR COUNTRIES THAT DO NOT ACCEPT RETURN OF NATIONALS.

Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)) is amended--

(1) by striking `On being notified' and inserting the following:

`(1) IN GENERAL- Upon notification'; and

(2) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'; and

(3) by adding at the end the following:

`(2) DENIAL OF ADMISSION- The Secretary of Homeland Security, after making a determination that the government of a foreign country has denied or unreasonably delayed accepting an alien who is a citizen, subject, national, or resident of that country after the alien has been ordered removed, and after consultation with the Secretary of State, may deny admission to any citizen, subject, national or resident of that country until the country accepts the alien that was ordered removed.'.

SEC. 205. NO JUDICIAL REVIEW OF VISA REVOCATION.

Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by striking `, except in the context of a removal proceeding' and all that follows and inserting a period.

SEC. 206. ALTERNATIVES TO DETENTION.

The Secretary of Homeland Security shall implement pilot programs in all States to study the effectiveness of alternatives to detention, including electronic monitoring devices and intensive supervision programs, in ensuring alien appearance at court and compliance with removal orders.

SEC. 207. REMOVAL OF ALIENS.

(a) Institutional Removal Program-

(1) CONTINUATION- The Secretary of Homeland Security shall continue to operate the Institutional Removal Program or develop and implement any other program to--

(A) identify removable criminal aliens in Federal and State correctional facilities;

(B) ensure that such aliens are not released into the community; and

(C) remove such aliens from the United States after the completion of their sentences.

(2) EXPANSION- The Secretary of Homeland Security shall extend the Institutional Removal Program to all States. Each State should--

(A) cooperate with officials of the Federal Institutional Removal Program;

(B) expeditiously and systematically identify criminal aliens in its prison and jail populations; and

(C) promptly convey the information collected under subparagraph (B) to officials of the Institutional Removal Program.

(b) Authorization for Detention After Completion of State or Local Prison Sentence- Law enforcement officers of a State or political subdivision of a State are authorized to--

(1) hold an illegal alien for a period of up to 14 days after the alien has completed the alien's State prison sentence in order to effectuate the transfer of the alien to Federal custody when the alien is removable or not lawfully present in the United States; or

(2) issue a detainer that would allow aliens who have served a State prison sentence to be detained by the State prison until personnel from the Bureau of Immigration and Customs Enforcement can take the alien into custody.

(c) Technology Usage- Technology such as videoconferencing shall be used to the maximum extent possible in order to make the Institutional Removal Program (IRP) available in remote locations. Mobile access to Federal databases of aliens, such as IDENT, and live scan technology shall be used to the maximum extent practicable in order to make these resources available to State and local law enforcement agencies in remote locations.

(d) Report to Congress- The Secretary of Homeland Security shall submit a report to Congress on the participation of States in the Institutional Removal Program and in any other program under subsection (a).

(e) Authorization of Appropriations- There are authorized to be appropriated to carry out the Institutional Removal Program--

(1) $30,000,000 for fiscal year 2006;

(2) $40,000,000 for fiscal year 2007;

(3) $50,000,000 for fiscal year 2008;

(4) $60,000,000 for fiscal year 2009; and

(5) $70,000,000 for fiscal year 2010.

SEC. 208. ADDITIONAL IMMIGRATION PERSONNEL.

(a) Department of Homeland Security-

(1) INVESTIGATIVE PERSONNEL- In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, for each of fiscal years 2006 through 2010, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not less than 200 the number of positions for investigative personnel within the Department of Homeland Security investigating alien smuggling and immigration status violations above the number of such positions for which funds were made available during the preceding fiscal year.

(2) TRIAL ATTORNEYS- In each of fiscal years 2006 through 2010, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for attorneys in the Office of General Counsel of the Department of Homeland Security who represent the Department in immigration matters by not less than 100 above the number of such positions for which funds were made available during each preceding fiscal year.

(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Department of Homeland Security for each of fiscal years 2006 through 2010 such sums as may be necessary to carry out this subsection.

(b) Department of Justice-

(1) ASSISTANT ATTORNEY GENERAL FOR IMMIGRATION ENFORCEMENT-

(A) ESTABLISHMENT- There is established within the Department of Justice the position of Assistant Attorney General for Immigration Enforcement, which shall coordinate and prioritize immigration litigation and enforcement in the Federal courts, including--

(i) removal and deportation;

(ii) employer sanctions; and

(iii) alien smuggling and human trafficking.

(B) CONFORMING AMENDMENT- Section 506 of title 28, United States Code, is amended by striking `ten' and inserting `11'.

(2) LITIGATION ATTORNEYS- In each of fiscal years 2006 through 2010, the Attorney General shall, subject to the availability of appropriations for such purpose, increase by not less than 50 the number of positions for attorneys in the Office of Immigration Litigation of the Department of Justice.

(3) UNITED STATES ATTORNEYS- In each of fiscal years 2006 through 2010, the Attorney General shall, subject to the availability of appropriations for such purpose, increase by not less than 50 the number of attorneys in the United States Attorneys' office to litigate immigration cases in the Federal courts.

(4) IMMIGRATION JUDGES- In each of fiscal years 2006 through 2010, the Attorney General shall, subject to the availability of appropriations for such purpose, increase by not less than 50 the number of immigration judges.

(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Department of Justice for each of fiscal years 2006 through 2010 such sums as may be necessary to carry out this subsection, including the hiring of necessary support staff.

SEC. 209. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following:

`(i) Notwithstanding any other provision of law, the Secretary of Homeland Security, the Attorney General, or any court may not--

`(1) grant or order the grant of adjustment of status to that of an alien lawfully admitted for permanent residence;

`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; or

`(3) issue any documentation evidencing or related to such grant by the Attorney General, the Secretary, or any court,

until such background and security checks as the Secretary may in his discretion require have been completed to the satisfaction of the Secretary.'.

SEC. 210. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.

Chapter 4 of title III of the Immigration and Nationality Act (8 U.S.C. 1501 et seq.) is amended by adding at the end the following:

`CONSTRUCTION

`SEC. 362. (a) Nothing in this Act or any other provision of law shall be construed to require the Secretary of Homeland Security, the Attorney General, the Secretary of State, the Secretary of Labor, or any other authorized head of any agency to grant any application, approve any petition, or grant or continue any status or benefit under the immigration laws by, to, or on behalf of--

`(1) any alien described in subparagraphs (A)(i), (A)(iii), (B), or (F) of sections 212(a)(3) or subparagraphs (A)(i), (A)(iii), or (B) of section 237(a)(4);

`(2) any alien with respect to whom a criminal or other investigation or case is pending that is material to the alien's inadmissibility, deportability, or eligibility for the status or benefit sought; or

`(3) any alien for whom all law enforcement checks, as deemed appropriate by such authorized official, have not been conducted and resolved.

`(b) An official described in subsection (a) may deny or withhold (with respect to an alien described in subsection (a)(1)) or withhold pending resolution of the investigation, case, or law enforcement checks (with respect to an alien described in paragraph (2) or (3) of subsection (a)) any such application, petition, status or benefit on such basis.'.

SEC. 211. REINSTATEMENT OF PREVIOUS REMOVAL ORDERS.

(a) In General- Section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) is amended to read as follows:

`(5) REINSTATEMENT OF PREVIOUS REMOVAL ORDERS-

`(A) REMOVAL- The Secretary of Homeland Security shall remove an alien who is an applicant for admission (other than an admissible alien presenting himself or herself for inspection at a port of entry or an alien paroled into the United States under section 212(d)(5)), after having been, on or after September 30, 1996, excluded, deported, or removed, or having departed voluntarily under an order of exclusion, deportation, or removal.

`(B) JUDICIAL REVIEW- The removal described in subparagraph (A) shall not require any proceeding before an immigration judge, and shall be under the prior order of exclusion, deportation, or removal, which is not subject to reopening or review. The alien is not eligible and may not apply for or receive any immigration relief or benefit under this Act or any other law, with the exception of sections 208 or 241(b)(3) or the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment in the case of an alien who indicates either an intention to apply for asylum under section 208 or a fear of persecution or torture.'.

(b) Effective Date- The amendment made by subsection (a)(1) shall take effect as if enacted on March 1, 2003.

SEC. 212. AUTOMATED ALIEN RECORDS.

(a) In General- Not later than 5 years after the date of enactment of this Act, the Secretary of Homeland Security shall automate the storage of alien records in an electronic format that is interoperable with the alien record keeping systems of the Department of Justice and accessible by other Federal agencies for the purposes of administering the immigration laws of the United States.

(b) Existing Records- The Secretary of Homeland Security shall automate all alien records that were created during the 5-year period ending on the date of enactment of this Act.

(c) Oversight- The Chief Information Officer of the Department of Homeland Security shall be responsible for oversight and management of automating the storage of alien records in an electronic format.

(d) Official Record- The automated alien record created under this section shall constitute the official record for purposes of the National Archives and Records Administration.

(e) Reports- The Secretary of Homeland Security shall report to the appropriate committees in Congress in 2008 and 2010 on the progress made in automating alien records under this section.

(f) Authorization of Appropriations- There are authorized to be appropriated $10,000,000 for each of the fiscal years 2006 through 2010 to carry out this section.

Subtitle B--State and Local Law Enforcement

SEC. 221. IMMIGRATION LAW ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF STATES.

Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State or a political subdivision of a State have the inherent authority of a sovereign entity to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), for the purpose of assisting in the enforcement of the immigration laws of the United States in the normal course of carrying out the law enforcement duties of such personnel. This State authority has never been displaced or preempted by a Federal law.

SEC. 222. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION REGARDING ALIENS.

(a) Violations of Federal Law- A statute, policy, or practice that prohibits a law enforcement officer of a State, or of a political subdivision of a State, from enforcing Federal immigration laws or from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the law enforcement duties of the officer or from providing information to an official of the United States Government regarding the immigration status of an individual who is believed to be illegally present in the United States is in violation of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)) and section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644).

(b) Provision of Information Regarding Apprehended Illegal Aliens-

(1) IN GENERAL- In compliance with section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)) and section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), States and localities should provide to the Secretary of Homeland Security the information listed in subsection (c) on each alien apprehended or arrested in the jurisdiction of the State or locality who is believed to be in violation of an immigration law of the United States. Such information should be provided regardless of the reason for the apprehension or arrest of the alien.

(2) TIME LIMITATION- Not later than 10 days after an alien described in paragraph (1) is apprehended, information requested to be provided under paragraph (1) should be provided in such form and in such manner as the Secretary of Homeland Security may, by regulation or guideline, require.

(c) Information Required- The information listed in this subsection is as follows:

(1) The name of the alien.

(2) The address or place of residence of the alien.

(3) A physical description of the alien.

(4) The date, time, and location of the encounter with the alien and reason for stopping, detaining, apprehending, or arresting the alien.

(5) If applicable, the driver's license number issued to the alien and the State of issuance of such license.

(6) If applicable, the type of any other identification document issued to the alien, any designation number contained on the identification document, and the issuing entity for the identification document.

(7) If applicable, the license plate number, make, and model of any automobile registered to, or driven by, the alien.

(8) A photo of the alien, if available or readily obtainable.

(9) The fingerprints of the alien, if available or readily obtainable, including a full set of 10 rolled fingerprints if available or readily obtainable.

(d) Reimbursement- The Secretary of Homeland Security shall reimburse States and localities 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.

(e) Technical and Conforming Amendments-

(1) ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996-

(A) TECHNICAL AMENDMENT- Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--

(i) in subsections (a), (b)(1), and (c) by striking `Immigration and Naturalization Service' and inserting `Department of Homeland Security'; and

(ii) in the heading by striking `immigration and naturalization service' and inserting `department of homeland security'.

(B) CONFORMING AMENDMENT- Section 1(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-546) is amended by striking the item related to section 642 and inserting the following:

`Sec. 642. Communication between government agencies and the Department of Homeland Security.'.

(2) PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996-

(A) IN GENERAL- Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644) is amended--

(i) by striking `Immigration and Naturalization Service' and inserting `Department of Homeland Security'; and

(ii) in the heading by striking `immigration and naturalization service' and inserting `department of homeland security'.

(B) CONFORMING AMENDMENT- Section 2 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2105) is amended by striking the item related to section 434 and inserting the following:

`Sec. 434. Communication between State and local government agencies and the Department of Homeland Security.'.

(f) Authorization of Appropriations- There is authorized to be appropriated such sums as are necessary to provide the reimbursements required by subsection (d).

SEC. 223. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.

(a) Provision of Information to the National Crime Information Center-

(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall provide the National Crime Information Center of the Department of Justice with such information as the Director may have related to--

(A) any alien against whom a final order of removal has been issued;

(B) any alien who is subject to a voluntary departure agreement that has become invalid under section 240B(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1229c); and

(C) any alien whose visa has been revoked.

(2) REQUIREMENT TO PROVIDE AND USE INFORMATION- The information described in paragraph (1) shall be provided to the National Crime Information Center, and the Center shall enter the information into the Immigration Violators File of the National Crime Information Center database as long as a name and date of birth are available for the individual, regardless of whether the alien received notice of a final order of removal or the alien has already been removed.

(3) REMOVAL OF INFORMATION- Should an individual be granted cancellation of removal under section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b), or granted permission to legally enter the United States pursuant to the Immigration and Nationality Act after a voluntary departure under section 240B of the Immigration Nationality Act (8 U.S.C. 1229c) , information entered into the National Crime Information Center in accordance with paragraph (1) of this section shall be promptly removed.

(b) Inclusion of Information in the National Crime Information Center 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 paragraph (5); and

(3) by inserting after paragraph (3) the following:

`(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States, regardless of whether the alien has received notice of the violation or the alien has already been removed; and'.

(c) Permission to Depart Voluntarily- Section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) is amended--

(1) by striking `Attorney General' each place that term appears and inserting `Secretary of Homeland Security'; and

(2) in subsection (a)(2)(A), by striking `120' and inserting `30'.

SEC. 224. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF THE DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.

(a) Construction or Acquisition of Detention Facilities-

(1) IN GENERAL- The Secretary of Homeland Security shall construct or acquire additional detention facilities in the United States.

(2) DETERMINATION OF LOCATION- The location of any detention facility built or acquired in accordance with this subsection shall be determined by the Deputy Assistant Director of the Office of Detention and Removal Operations within the Bureau of Immigration and Customs Enforcement.

(3) USE OF INSTALLATIONS UNDER BASE CLOSURE LAWS- In acquiring detention facilities under this subsection, the Secretary of Homeland Security shall, to the maximum extent practical, request the transfer of appropriate portions of military installations approved for closure or realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) for use in accordance with paragraph (1).

(b) Authorization of Appropriations- There are authorized to be appropriated such sums as necessary to carry out this section.

SEC. 225. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL LAW ENFORCEMENT.

Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding after section 240C the following:

`TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL CUSTODY

`SEC. 240D. (a) In General- If the head of a law enforcement entity of a State (or, if appropriate, a political subdivision of the State) exercising authority with respect to the apprehension or arrest of an illegal alien submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary of Homeland Security--

`(1) shall--

`(A) not later than 72 hours after the conclusion of the State charging process or dismissal process, or if no State charging or dismissal process is required, not later than 72 hours after the illegal alien is apprehended, take the illegal alien into the custody of the Federal Government and incarcerate the alien; or

`(B) request that the relevant State or local law enforcement agency temporarily detain or transport the illegal alien to a location for transfer to Federal custody; and

`(2) shall designate at least one Federal, State, or local prison or jail or a private contracted prison or detention facility within each State as the central facility for that State to transfer custody of criminal or illegal aliens to the Department of Homeland Security.

`(b) Reimbursement-

`(1) IN GENERAL- The Department of Homeland Security shall reimburse a State or a political subdivision of a State for all reasonable expenses, as determined by the Secretary of Homeland Security, incurred by the State or political subdivision in the detention and transportation of a criminal or illegal alien as described in subparagraphs (A) and (B) of subsection (a)(1).

`(2) COST COMPUTATION- Compensation provided for costs incurred under subparagraphs (A) and (B) of subsection (a)(1) shall be--

`(A) the product of--

`(i) the average cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of a State (or, as appropriate, a political subdivision of the State); multiplied by

`(ii) the number of days that the alien was in the custody of the State or political subdivision; added to

`(B) the cost of transporting the criminal or illegal alien from the point of apprehension or arrest to the location of detention, and if the location of detention and of custody transfer are different, to the custody transfer point.

`(c) Requirement for Appropriate Security- The Secretary of Homeland Security shall ensure that illegal aliens incarcerated in Federal facilities pursuant to this subsection are held in facilities which provide an appropriate level of security.

`(d) Requirement for Schedule-

`(1) IN GENERAL- In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transfer of apprehended illegal aliens from the custody of States and political subdivisions of States to Federal custody.

`(2) AUTHORITY FOR CONTRACTS- The Secretary of Homeland Security may enter into contracts with appropriate State and local law enforcement and detention officials to implement this subsection.

`(e) Illegal Alien Defined- For purposes of this section, the term `illegal alien' means an alien who--

`(1) entered the United States without inspection or at any time or place other than that designated by the Secretary of Homeland Security;

`(2) was admitted as a nonimmigrant and who, at the time the alien was taken into custody by the State or a political subdivision of the State, had failed to--

`(A) maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or

`(B) comply with the conditions of any such status;

`(3) was admitted as an immigrant and has subsequently failed to comply with the requirements of that status; or

`(4) failed to depart the United States under a voluntary departure agreement or under a final order of removal.'.

SEC. 226. IMMUNITY.

(a) Personal Immunity- Notwithstanding any other provision of law, a law enforcement officer of a State, or of a political subdivision of a State, shall be immune, to the same extent as a Federal law enforcement officer, from personal liability arising out of the enforcement of any immigration law. The immunity provided in this subsection shall only apply to an officer of a State, or of a political subdivision of a State, who is acting within the scope of such officer's official duties.

(b) Agency Immunity- Notwithstanding any other provision of law, a law enforcement agency of a State, or of a political subdivision of a State, shall be immune from any claim for money damages based on Federal, State, or local civil rights law for an incident arising out of the enforcement of any immigration law, except to the extent that the law enforcement officer of that agency, whose action the claim involves, committed a violation of Federal, State, or local criminal law in the course of enforcing such immigration law

SEC. 227. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

(a) Transfer of Program-

(1) IN GENERAL- Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'.

(2) CONTRACTS- Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'.

(b) Reimbursement for Costs Associated With Processing Criminal Illegal Aliens- The Secretary of Homeland Security shall reimburse States and units of local government for costs associated with processing illegal aliens through the criminal justice system, including--

(1) indigent defense;

(2) criminal prosecution;

(3) autopsies;

(4) translators and interpreters; and

(5) courts costs.

(c) Authorization of Appropriations-

(1) REIMBURSEMENT FOR INCARCERATION COSTS- Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is amended to read as follows:

`(5) There are authorized to be appropriated to carry out this subsection--

`(A) $750,000,000 for fiscal year 2006;

`(B) $850,000,000 for fiscal year 2007; and

`(C) $950,000,000 for each of the fiscal years 2008 through 2010.'.

(2) REIMBURSEMENT FOR OTHER COSTS- There are authorized to be appropriated $400,000,000 for each of fiscal years 2006 through 2010 to carry out subsection (b).

SEC. 228. CONSTRUCTION.

Nothing in this subtitle may be construed to require law enforcement personnel of a State or political subdivision of a State to--

(1) report the identity of a victim of, or a witness to, a criminal offense to the Secretary of Homeland Security for immigration enforcement purposes;

(2) arrest such victim or witness for a violation of the immigration laws of the United States; or

(3) enforce the immigration laws of the United States.

SEC. 229. STATE DEFINED.

In this subtitle, the term `State' has the meaning given that term in section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(36)).

TITLE III--WORKSITE ENFORCEMENT AND EMPLOYMENT VERIFICATION SYSTEM

Subtitle A--Increased Enforcement Resources and Penalties

SEC. 301. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.

(a) Worksite Enforcement- The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, annually increase, by not less than 2,000, the number of positions for investigators dedicated to enforcing compliance with sections 274 and 274A of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a) during the 5-year period beginning on October 1, 2005.

(b) Fraud Detection- The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not less than 1,000 the number of positions for Immigration Enforcement Agents dedicated to immigration fraud detection during the 5-year period beginning on October 1, 2005.

(c) Authorization of Appropriations- There are authorized to be appropriated during each of fiscal years 2006 through 2010 such sums as may be necessary to carry out this section.

SEC. 302. PENALTIES FOR UNAUTHORIZED EMPLOYMENT AND FALSE CLAIMS OF CITIZENSHIP.

Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended--

(1) in subsection (b)(2)--

(A) by striking `The individual' and inserting the following:

`(A) IN GENERAL- The individual'; and

(B) by adding at the end the following:

`(B) PENALTIES- Any individual who falsely represents that the individual is a citizen for purposes of obtaining employment shall, for each such violation, be subject to a fine of not more than $5,000 and a term of imprisonment not to exceed 3 years.';

(2) in subsection (e)--

(A) in paragraph (4)(A)--

(i) in clause (i), by striking `$250 and not more than $2,000' and inserting `$500 and not more than $4,000';

(ii) in clause (ii), by striking `$2,000 and not more than $5,000' and inserting `$4,000 and not more than $10,000'; and

(iii) in clause (iii), by striking `$3,000 and not more than $10,000' and inserting `$6,000 and not more than $20,000'; and

(B) in paragraph (5), by striking `$100 and not more than $1,000' and inserting `$200 and not more than $2,000'; and

(3) in subsection (f), by striking `$3,000' and inserting `$6,000'.

SEC. 303. PENALTIES FOR MISUSING SOCIAL SECURITY NUMBERS OR FILING FALSE INFORMATION WITH SOCIAL SECURITY ADMINISTRATION.

(a) Misuse of Social Security Numbers-

(1) IN GENERAL- Section 208(a) of the Social Security Act (42 U.S.C. 408(a)) is amended--

(A) in paragraph (7), by adding after subparagraph (C) the following:

`(D) with intent to deceive, discloses, sells, or transfers his own social security account number, assigned to him by the Commissioner of Social Security (in the exercise of the Commissioner's authority under section 205(c)(2) to establish and maintain records), to any person; or';

(B) in paragraph (8), by adding `or' at the end; and

(C) by inserting after paragraph (8) the following:

`(9) without lawful authority, offers, for a fee, to acquire for any individual, or to assist in acquiring for any individual, an additional social security account number or a number that purports to be a social security account number; or

`(10) willfully acts or fails to act so as to cause a violation of section 205(c)(2)(C)(xii); or

`(11) being an officer or employee of any executive, legislative, or judicial agency or instrumentality of the Federal Government or of a State or political subdivision thereof (or a person acting as an agent of such an agency or instrumentality) in possession of any individual's social security account number (or an officer or employee thereof or a person acting as an agent thereof), willfully acts or fails to act so as to cause a violation of clause (vi)(II), (x), (xi), (xii), (xiii), or (xiv) of section 205(c)(2)(C); or

`(12) being a trustee appointed in a case under title 11, United States Code (or an officer or employee thereof or a person acting as an agent thereof), willfully acts or fails to act so as to cause a violation of clause (x) or (xi) of section 205(c)(2)(C),'.

(2) EFFECTIVE DATES- Paragraphs (7)(D) and (9) of section 208(a) of the Social Security Act, as added by paragraph (1), shall apply with respect to each violation occurring after the date of enactment of this Act. Paragraphs (10), (11), and (12) of section 208(a) of such Act, as added by paragraph (1)(C), shall apply with respect to each violation occurring on or after the effective date of this Act.

(b) Report on Enforcement Efforts Concerning Employers Filing False Information Returns- The Commissioner of Internal Revenue and the Commissioner of Social Security shall submit an annual report to the appropriate congressional committees on efforts taken to identify and enforce penalties against employers that file incorrect information returns.

Subtitle B--Increased Document Integrity

SEC. 311. SOCIAL SECURITY CARDS.

(a) Machine-Readable, Tamper-Resistant Cards-

(1) ISSUANCE-

(A) PRELIMINARY WORK- Not later than 3 months after the date of enactment of this Act, the Commissioner of Social Security shall begin work to administer and issue machine-readable, tamper-resistant Social Security cards.

(B) COMPLETION- Not later than 1 year after the date of enactment of this Act, the Social Security Administration shall only issue machine-readable, tamper-resistant Social Security cards.

(2) AMENDMENT- Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is amended--

(A) by inserting `(i)' after `(G)'; and

(B) by striking `The social security card shall be' and inserting the following:

`(ii) The social security card shall be machine-readable, tamper-resistant,'.

(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this subsection and the amendments made by this subsection.

(b) Multiple Cards-

(1) IN GENERAL- Section 205(c)(2)(G) of such Act is further amended by adding at the end the following:

`(iii) The Commissioner of Social Security shall not issue a replacement Social Security card to any individual unless the Social Security Administration determines that the purpose for requiring the issuance of the replacement document is legitimate.'.

(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect 1 year after the date of enactment of this Act.

(c) Report on Incorporation of Biometric Identifiers- Not later than 6 months after the date of enactment of this Act, the Commissioner of Social Security, in cooperation with the Secretary of Homeland Security, shall submit a report to Congress on the viability of biometric authentication through employment authorization documents.

(d) Effective Date- The amendments made by this subsections (a) and (b) shall take effect 1 year after the date of enactment of this Act.

SEC. 312. BIRTH CERTIFICATES.

(a) Minimum Standards for Federal Recognition-

(1) IN GENERAL- A Federal agency may not accept, for any official purpose, a birth certificate issued by a State to any person unless the State is meeting the requirements of this section.

(2) STATE CERTIFICATIONS- The Secretary 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 Secretary of Health and Human Services, may prescribe by regulation.

(3) MINIMUM DOCUMENT STANDARDS-

(A) IN GENERAL- Each birth certificate issued to a person by the State shall be printed on safety paper and shall include the seal of the issuing custodian of record and such other features as the Secretary may determine necessary to prevent tampering, counterfeiting, or otherwise duplicating the birth certificate for fraudulent purposes. The Secretary may not require birth certificates issued by all States to conform to a single design.

(B) ELECTRONIC ISSUANCE AND TRACKING SYSTEM- The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and the Commissioner of Social Security, shall develop an electronic system for issuing and tracking birth certificates so that those entities requiring such documents can quickly confirm their validity.

(4) MINIMUM ISSUANCE STANDARDS-

(A) IN GENERAL- Before issuing an authenticated copy of a birth certificate of any child, a State shall require the requestor to provide, and shall verify--

(i) the name of the child that will appear on the birth certificate;

(ii) the date and location of the child's birth;

(iii) the maiden name of the child's mother; and

(iv) substantial proof of the requestor's identity.

(B) ISSUANCE TO PERSONS NOT NAMED ON BIRTH CERTIFICATE- A State shall not issue a birth certificate to a requestor who is not named on the birth certificate unless the requestor presents legal authorization in support of the request.

(C) ISSUANCE TO FAMILY MEMBERS- Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services and appropriate State representatives, 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 requirements set forth in subparagraphs (A) through (C) in exceptional circumstances, such as the incapacitation of the registrant.

(E) APPLICATION BY ELECTRONIC MEANS- A State shall employ third party verification, or equivalent verification, of the identity of the requestor for applications by electronic means, through the mail, or by phone or fax.

(F) VERIFICATION OF DOCUMENTS- A State shall verify the documents used to provide proof of identity of the requestor.

(5) EFFECTIVE DATE- This subsection shall take effect on May 11, 2008.

(b) Applicability of Minimum Standards to Local Governments- The minimum standards set forth in subsection (a) for birth certificates issued by a State shall apply to birth certificates issued by a local government in the State. It shall be the responsibility of the State to ensure that local governments in the State comply with the minimum standards.

(c) Other Requirements- When issuing and administering birth certificates, each State shall--

(1) establish and implement minimum building security standards for State and local vital record offices;

(2) restrict public access to birth certificates and information gathered in the issuance process to ensure that access is restricted to entities with which the State has a binding privacy protection agreement;

(3) subject all persons with access to vital records to appropriate security clearance requirements;

(4) establish fraudulent document recognition training programs for appropriate employees engaged in the issuance process;

(5) establish and implement internal operating system standards for paper and for electronic systems;

(6) 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 authority and identity of the requestor;

(7) 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'; and

(8) cooperate with the Secretary in the implementation of electronic verification of vital events under subsection (f).

(d) Verification of Birth Records Provided in Social Security Applications-

(1) IN GENERAL- Section 205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended--

(A) by inserting `(I)' after `(ii)'; and

(B) by adding at the end the following:

`(II) With respect to an application for a social security account number for an individual, other than for purposes of enumeration at birth, the Commissioner shall require independent verification of any birth record provided by the applicant in support of the application.'.

(2) EFFECTIVE DATE- The amendment made by subsection (a) shall apply with respect to applications filed more than 180 days after the date of enactment of this Act.

(e) Electronic Birth and Death Registration Systems- In consultation with the Secretary of Health and Human Services and the Commissioner of Social Security, the Secretary shall--

(1) work with the States to establish a common data set and common data exchange protocol for electronic birth registration systems and death registration 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 6 months after the date of enactment of this Act, submit a report to Congress on whether there is a need for Federal laws to address penalties for fraud and misuse of vital records and whether violations are sufficiently enforced;

(7) not later than 1 year after the date of enactment of this Act--

(A) establish a process with the Department of Defense that will result in the sharing 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; and

(B) establish a process with the Department of State to improve registration, notification, and the sharing of data with the States and the Social Security Administration, regarding births and deaths of United States citizens abroad; and

(8) not later than 3 years after the date of establishment of databases provided for under this section, require States to record and retain electronic records of pertinent identification information collected from requesters who are not the registrants.

(f) Electronic Verification of Vital Events-

(1) LEAD AGENCY- The Secretary shall lead the implementation of electronic verification of a person's birth and death.

(2) REGULATIONS- In carrying out subsection (a), 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 Nation to verify the contents of a paper birth certificate. Pursuant to the regulations, an electronic response from the participating vital records jurisdiction 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 `deceased'. The regulations shall take effect not later than 5 years after the date of enactment of this Act.

(g) Grants to States and Local Governments-

(1) IN GENERAL- The Secretary may make grants to a State or a local government to assist the State in conforming to the minimum standards set forth in this chapter.

(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary for each of the fiscal years 2006 through 2010 such sums as may be necessary to carry out this chapter.

(h) Authority-

(1) PARTICIPATION WITH FEDERAL AGENCIES- All authority to issue regulations, certify standards, and issue grants under this section shall be carried out by the Secretary, with the concurrence of the Secretary of Health and Human Services and in consultation with State vital statistics offices and appropriate Federal agencies.

(2) EXTENSION OF DEADLINES- The Secretary may grant to a State an extension of time to meet the requirements of subparagraph (b)(1)(A) of this section if, in the discretion of the Secretary, the State provides adequate justification for noncompliance.

(i) Repeal- Section 7211 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 301 note) is repealed.

Subtitle C--Mandatory Electronic Employment Verification of All Workers in the United States

SEC. 321. EMPLOYMENT ELIGIBILITY VERIFICATION PROGRAM.

(a) Renaming of Basic Pilot Program- Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended--

(1) in section 401(c)(1), `basic pilot program' and inserting `Employment Eligibility Verification System'; and

(2) in section 403(a), by striking `(a)' and all that follows through `agrees to conform' and insert the following:

`(a) Employment Eligibility Verification System- A person or other entity that elects to participate in the Employment Eligibility Verification System shall agree to conform'.

(b) Confidentiality-

(1) ACCESS TO DATABASE- No officer or employee of any agency or department of the United States, other than individuals responsible for the enforcement of immigration laws or for the evaluation of the employment verification program at the Social Security Administration, the Department of Homeland Security, and the Department of Labor, may have access to any information contained in the Database.

(2) PROTECTION FROM UNAUTHORIZED DISCLOSURE- Information in the Database shall be adequately protected against unauthorized disclosure for other purposes, as provided in regulations established by the Commissioner of Social Security, in consultation with the Secretary of Homeland Security and the Secretary of Labor.

(c) Improvements to Database Integrity-

(1) IN GENERAL- The Commissioner of Social Security shall identify the sources of false, incorrect, or expired Social Security numbers and take steps to eliminate such numbers from the Social Security system

(2) REPORT- Not later than 6 months after the date of enactment of this Act, the Commissioner of Social Security shall submit a report to Congress that identifies--

(A) the sources of false, incorrect, or expired Social Security numbers;

(B) the steps taken by the Social Security Administration to identify and eliminate the numbers described in paragraph (1); and

(C) how the Social Security Administration plans to complete the removal the numbers described in paragraph (1) from the Social Security system within 1 year after the date on which the report is submitted.

(d) Mandatory Participation-

(1) IN GENERAL- Beginning not later than 12 months after the date of the enactment of this Act, any person or other entity that hires any individual for employment in the United States shall participate in the Employment Eligibility Verification System.

(2) SANCTIONS FOR NONCOMPLIANCE; CONTINUATION OF CURRENT COMPLIANCE AUTHORITY- The provisions of paragraph (2) of section 402(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall apply with respect to a person or entity required to participate in the Employment Eligibility Verification System in the same manner as such paragraph applies to a person or entity otherwise required to participate under such subsection.

(3) VOLUNTARY PARTICIPATION OF EMPLOYERS NOT SUBJECT TO REQUIREMENT- Nothing in this subsection shall be construed as preventing a person or other entity that is not subject to the requirement of paragraph (1) from voluntarily participating in the Employment Eligibility Verification System.

(e) Electronic Filing- Any employer participating in the Employment Eligibility Verification System may complete and allow for new hires to complete employment verification documents electronically.

(f) Authorization of Appropriations- There are authorized to be appropriated such sums as may be required to carry out the Employment Eligibility Verification System throughout the United States and for every employer.

Subtitle D--Reduction in Employer Burdens

SEC. 331. REDUCTION IN DOCUMENTS THAT ESTABLISH IDENTITY AND EMPLOYMENT AUTHORIZATION.

(a) In General- Section 274A(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)) is amended--

(1) by amending subparagraph (C) to read as follows:

`(C) DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZATION- The only document that may be presented to establish employment authorization under this section is a Social Security card that complies with section 311(a).'.

(2) by amending subparagraph (D) to read as follows:

`(D) DOCUMENTS ESTABLISHING IDENTITY OF AN INDIVIDUAL- A document described in this subparagraph is--

`(i) an identification document issued by the United States Government that contains a biometric identifier; or

`(ii) a driver's license or identification document issued by a State that complies with section 202 of the REAL ID Act of 2005 (Division B of Public Law 109-13).'.

(b) Effective Date- The amendments made by this section shall take effect on May 11, 2008.

SEC. 332. GOOD FAITH COMPLIANCE.

An employer that complies with the requirements under subtitle C has established an affirmative defense that the employer has not violated the employment verification requirements under section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).

TITLE IV--REQUIREMENTS FOR PARTICIPATING COUNTRIES

SEC. 401. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

(a) In General- An alien is not eligible for status as a nonimmigrant under section 101(a)(15)(W) of the Immigration and Nationality Act, as added by section 501 of this Act, or deferred mandatory departure status under section 218B of the Immigration and Nationality Act, as added by section 601 of this Act, unless the home country of the alien has entered into a bilateral agreement with the United States that conforms to the requirements under subsection (b).

(b) Requirements of Bilateral Agreements- Each agreement under subsection (a) shall require the home country to--

(1) accept, within 3 days, the return of nationals who are ordered removed from the United States;

(2) cooperate with the United States Government in--

(A) identifying, tracking, and reducing gang membership, violence, and human trafficking and smuggling; and

(B) controlling illegal immigration;

(3) provide the United States Government with--

(A) passport information and criminal records of aliens who are seeking admission to or are present in the United States; and

(B) admission and entry data to facilitate United States entry-exit data systems;

(4) take steps to educate nationals of the home country regarding the program under title V or VI to ensure that such nationals are not exploited; and

(5) provide a minimum level of health coverage to its participants.

(c) Rulemaking-

(1) IN GENERAL- Not later than 3 months after the date of enactment of this Act, the Secretary of Health and Human Services shall, by regulation, define the minimum level of health coverage to be provided by participating countries.

(2) RESPONSIBILITY TO OBTAIN COVERAGE- If the health coverage provided by the home country falls below the minimum level defined pursuant to paragraph (1), the employer of the alien shall provide or the alien shall obtain coverage that meets such minimum level.

(d) Housing- Participating countries shall agree to evaluate means to provide housing incentives in the alien's home country for returning workers.

TITLE V--NONIMMIGRANT TEMPORARY WORKER PROGRAM

SEC. 501. NONIMMIGRANT TEMPORARY WORKER CATEGORY.

(a) New Temporary Worker Category- Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended by adding at the end the following:

`(W) an alien having a residence in a foreign country which the alien has no intention of abandoning who is coming temporarily to the United States to perform temporary labor or service, other than that which would qualify an alien for status under sections 101(a)(15)(H)(i), 101(a)(15)(H)(ii)(a), 101(a)(15)(L), 101(a)(15)(O), 101(a)(15)(P), and who meets the requirements of section 218A; or'.

(b) Repeal of H-2b Category- Section 101(a)(15)(H)(ii) is amended by striking `, or (b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession'.

(c) Technical Amendments- Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--

(1) in subparagraph (U)(iii), by striking `or' at the end; and

(2) in subparagraph (V)(ii)(II), by striking the period at the end and inserting a semicolon and `or'.

SEC. 502. TEMPORARY WORKER PROGRAM.

(a) In General- The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 218 the following new section:

`SEC. 218A. TEMPORARY WORKER PROGRAM.

`(a) In General- The Secretary of State may grant a temporary visa to a nonimmigrant described in section 101(a)(15)(W) who demonstrates an intent to perform labor or services in the United States (other than those occupational classifications covered under the provisions of clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or subparagraph (L), (O), (P), or (R)) of section 101(a)(15)).

`(b) Requirements for Admission- In order to be eligible for nonimmigrant status under section 101(a)(15)(H)(W), an alien shall meet the following requirements:

`(1) ELIGIBILITY TO WORK- The alien shall establish that the alien is capable of performing the labor or services required for an occupation under section 101(a)(15)(W).

`(2) EVIDENCE OF EMPLOYMENT- The alien must establish that he has a job offer from an employer authorized to hire aliens under the Alien Employment Management Program.

`(3) FEE- The alien shall pay a $500 visa issuance fee in addition to the cost of processing and adjudicating such application. Nothing in this paragraph shall be construed to affect consular procedures for charging reciprocal fees.

`(4) MEDICAL EXAMINATION- The alien shall undergo a medical examination (including a determination of immunization status) at the alien's expense, that conforms to generally accepted standards of medical practice.

`(5) APPLICATION CONTENT AND WAIVER-

`(A) APPLICATION FORM- The Secretary of Homeland Security shall create an application form that an alien shall be required to complete as a condition of being admitted as a nonimmigrant under section 101(a)(15)(W).

`(B) CONTENT- In addition to any other information that the Secretary determines is required to determine an alien's eligibility for admission as a nonimmigrant under section 101(a)(15)(W), the Secretary shall require an alien to provide information concerning the alien's physical and mental health, criminal history and gang membership, immigration history, involvement with groups or individuals that have engaged in terrorism, genocide, persecution, or who seek the overthrow of the United States Government, voter registration history, claims to United States citizenship, and tax history.

`(C) WAIVER- The Secretary of Homeland Security may require an alien to include with the application a waiver of rights that explains to the alien that, in exchange for the discretionary benefit of admission as a nonimmigrant under section 101(a)(15)(W), the alien agrees to waive any right--

`(i) to administrative or judicial review or appeal of an immigration officer's determination as to the alien's admissibility; or

`(ii) to contest any removal action, other than on the basis of an application for asylum pursuant to the provisions contained in section 208 or 241(b)(3), or under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, if such removal action is initiated after the termination of the alien's period of authorized admission as a nonimmigrant under section 101(a)(15)(W).

`(D) KNOWLEDGE- The Secretary of Homeland Security shall require an alien to include with the application a signed certification in which the alien certifies that the alien has read and understood all of the questions and statements on the application form, and that the alien certifies under penalty of perjury under the laws of the United States that the application, and any evidence submitted with it, are all true and correct, and that the applicant authorizes the release of any information contained in the application and any attached evidence for law enforcement purposes.

`(c) Grounds of Inadmissibility-

`(1) IN GENERAL- In determining an alien's admissibility as a nonimmigrant under section 101(a)(15)(W)--

`(A) paragraphs (5), (6)(A), (7), and (9)(B) or (C) of section 212(a) may be waived for conduct that occurred on a date prior to the effective date of this Act; and

`(B) the Secretary of Homeland Security may not waive--

`(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of section 212(a)(2) (relating to criminals);

`(ii) section 212(a)(3) (relating to security and related grounds); or

`(iii) subparagraphs (A), (C) or (D) of section 212(a)(10) (relating to polygamists, child abductors and illegal voters);

`(C) for conduct that occurred prior to the date this Act was introduced in Congress, the Secretary of Homeland Security may waive the application of any provision of section 212(a) not listed in subparagraph (B) on behalf of an individual alien for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest; and

`(D) nothing in this paragraph shall be construed as affecting the authority of the Secretary of Homeland Security to waive the provisions of section 212(a).

`(2) WAIVER FEE- An alien who is granted a waiver under subparagraph (1) shall pay a $500 fee upon approval of the alien's visa application.