HR 4192
110th CONGRESS
1st Session
H. R. 4192
To reform immigration to serve the national interest.
IN THE HOUSE OF REPRESENTATIVES
November 15, 2007
Mr. TANCREDO introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Armed
Services, Homeland Security, Oversight and Government Reform, Ways and
Means, Education and Labor, Foreign Affairs, and Energy and Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
A BILL
To reform immigration to serve the national interest.
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; DEFINITIONS.
(a) Short Title- This Act may be cited as the `Optimizing Visa Entry Rules
and Demanding Uniform Enforcement Immigration Reform Act of 2007' or the
`OVERDUE Immigration Reform Act of 2007'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents; definitions.
TITLE I--OPTIMIZING VISA ENTRY RULES
Sec. 101. Worldwide levels of immigration.
Sec. 102. Allotment of visas.
Sec. 103. Humanitarian immigration.
Sec. 104. Sunsetting adjustments under various provisions.
Sec. 105. Requirement for Congressional approval for extension of designation
of foreign states for purposes of temporary protected status.
Sec. 106. Establishment of new nonimmigrant classifications; conversion
of certain existing immigrant classification petitions.
TITLE II--MISCELLANEOUS PROVISIONS
Sec. 201. Limitation on automatic birthright citizenship.
Sec. 202. Requirement for immigrants to provide affidavit of allegiance
to the United States.
Sec. 203. Requirement of affidavit of support for employment-based immigrants.
Sec. 204. Making voting in foreign election a basis for automatic loss
of citizenship.
Sec. 205. Treating illegal presence in the United States as not demonstrating
good moral character.
Sec. 206. Requirement of DNA testing for aliens seeking visas based
on a biological relationship.
TITLE III--DEMANDING UNIFORM ENFORCEMENT
Subtitle A--No Access; No Opportunity
Sec. 301. Sense of Congress on role of Department of Defense.
Sec. 302. Use of Army and Air Force to secure the borders.
Sec. 303. Assignment of members of the Armed Forces to assist United
States Customs and Border Protection and United States Immigration and
Customs Enforcement.
Sec. 304. Construction of secure fence.
Sec. 305. Report by Sandia National Laboratories concerning border security.
Sec. 306. Increase in full-time USCBP immigration inspectors.
Sec. 307. Increase in full-time USICE detention and removal officers.
Sec. 308. Functions of detention and removal officers.
Sec. 309. Increase in USICE criminal investigators for benefits fraud.
Sec. 310. Increase in attorneys for the USICE legal program.
Sec. 311. Suspension of visa waiver program.
Sec. 312. Civil and criminal penalties for unlawful presence.
Sec. 313. Listing of immigration violators in the National Crime Information
Center Database.
Sec. 314. Civil and criminal penalties for document fraud, benefit fraud,
and false claims of citizenship.
Sec. 315. Identification standard for Federal benefits.
Sec. 316. Fingerprinting of applicants for United States passports.
Sec. 317. Visa term compliance bonds.
Sec. 318. Release of aliens in removal proceedings.
Sec. 319. Detention of aliens delivered by bondsmen.
Sec. 320. Independent verification of birth records provided in support
of applications for social security account numbers.
Sec. 321. Birth certificates.
Sec. 322. Maximum period of validity for State licenses and identification
documents.
Sec. 323. No preemption of certain State and local laws regarding employment
eligibility verification requirements.
Subtitle B--Reversing Unlawful Migration
Sec. 331. Mandatory employment authorization verification.
Sec. 332. Employer sanctions.
Sec. 333. Limited duration social security account numbers for nonimmigrants.
Sec. 334. Mandatory notification of social security account number mismatches
and multiple uses.
Sec. 335. No social security credit for work performed while unlawfully
present.
Sec. 336. Reducing individual taxpayer identification number abuse.
Sec. 337. Limited eligibility for tax credits and refunds.
Sec. 338. Penalty for failure to file correct information returns.
Sec. 339. Adjustment of status.
Sec. 340. Revocation of temporary status.
Sec. 341. Repeal of amnesty provision.
Sec. 342. Penalties for violations of Federal immigration laws by States
and localities.
Sec. 343. Clarification of inherent authority of State and local law
enforcement.
Sec. 344. USICE response to requests for assistance from State and local
law enforcement.
Sec. 345. Basic immigration enforcement training for State, local, and
tribal law enforcement officers.
Sec. 346. Completion of exit component of US-VISIT entry and exit data
system.
Sec. 347. Clarification that wages paid to unauthorized aliens may not
be deducted from gross income.
TITLE IV--REVISION OF FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH CARE
SERVICES FURNISHED TO ILLEGAL ALIENS
Sec. 401. Revision of Federal reimbursement of emergency health care
services furnished to illegal aliens.
(c) Definitions- For purposes of this Act, the definitions contained in
subsections (a) and (b) of section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101) shall apply.
TITLE I--OPTIMIZING VISA ENTRY RULES
SEC. 101. WORLDWIDE LEVELS OF IMMIGRATION.
Beginning with fiscal year 2009, notwithstanding section 201 of the Immigration
and Nationality Act (8 U.S.C. 1151)--
(1) the worldwide level of family-sponsored immigrants under subsection
(c) of such section in any fiscal year shall be zero;
(2) the worldwide level of employment-based immigrants under subsection
(d) of such section in any fiscal year shall be 5,200; and
(3) the worldwide level of diversity immigrants under subsection (e)
of such section in any fiscal year shall be zero.
SEC. 102. ALLOTMENT OF VISAS.
(a) In General- Beginning with fiscal year 2008, notwithstanding section
203 of the Immigration and Nationality Act (8 U.S.C. 1153)--
(1) the number of visas that shall be allotted to family-sponsored immigrants
under subsection (a) of such section in any fiscal year shall be zero;
(2) the number of visas that shall be allotted to priority workers under
subsection (b)(1) of such section (and to spouses and children of such
workers under subsection (d) of such section) in any fiscal year shall
not exceed 5,000, the number of visas that shall be allotted in any
fiscal year to priority workers under subsection (b)(5) of such section
(and to spouses and children of such workers under subsection (d) of
such section) in any fiscal year shall not exceed 200, and the number
of visas that shall be allotted to other aliens subject to the worldwide
level for employment-based immigrants in any fiscal year shall be zero;
(3) the number of visas that shall be allotted to special immigrants
under subsection (b)(4) of such section (and to spouses and children
of such workers under subsection (d) of such section) in any fiscal
year shall not exceed 1,000; and
(4) the number of visas that shall be allotted to diversity immigrants
under subsection (c) of such section in any fiscal year shall be zero.
Nothing in this title shall be construed as imposing any numerical limitation
on special immigrants described in subparagraph (A) or (B) of section
101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who may be provided immigrant
visas (or who otherwise may acquire the status of an alien lawfully admitted
for permanent residence).
(b) Limitation on Sponsorship by Certain Aliens- Notwithstanding any other
provision of law, effective October 1, 2008, no visa may be allotted to
any immigrant on the basis of a petition by an individual who has filed
an application under section 210 or section 245A of the Immigration and
Nationality Act (8 U.S.C. 1160, 1255a).
(c) Elimination of Preference Categories- Effective October 1, 2008, no
classification petition may be filed or approved, and no alien may be
issued an immigration visa number, for the following preference categories:
(1) FAMILY PREFERENCE- Preference under section 203(a).
(2) EMPLOYMENT-BASED PREFERENCE- Preference under section 203(b), other
than as an alien described in subparagraph (A) or (B) of section 203(b)(1)
or under section 203(b)(5), or under section 203(d) as the spouse or
minor child of either such an alien.
(3) DIVERSITY- Preference under section 203(c).
(d) Limitation on Granting Immigrant Status- Effective October 1, 2008,
the Secretary of Homeland Security may not accept or approve any petition
for classification under section 204 of the Immigration and Nationality
Act (8 U.S.C. 1154) except for classification by reason of a family relationship
described in section 201(b)(2) of such Act (8 U.S.C. 1151(b)(2)) or priority
worker or investor status under paragraph (1)(A), (1)(B), or (5) of subsection
(b) of section 203 of such Act (8 U.S.C. 1153), or as a spouse or child
of such a worker or investor under subsection (d) of such section, or
as an alien described in section 201(b)(1)(B) or 201(b)(1)(C) of such
Act.
SEC. 103. HUMANITARIAN IMMIGRATION.
(a) Annual Limitation of 50,000- Notwithstanding any other provision of
law, subject to subsection (b), beginning with fiscal year 2008, the sum
of the following shall not exceed 50,000:
(1) The number of refugees who are admitted under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) in a fiscal year.
(2) The number of admissions made available in such fiscal year to adjust
to the status of permanent residence the status of aliens granted asylum
under section 209(b) of such Act (8 U.S.C. 1159(b)).
(3) The number of aliens whose status is adjusted in such fiscal year
under section 646 of the Immigration Reform and Immigrant Responsibility
Act of 1996 (division C of Public Law 104-208), relating to Polish and
Hungarian parolees.
(4) The number of aliens whose status is adjusted in such fiscal year
under section 599E of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (relating to Soviet and Indochinese
parolees).
(5) The number of other aliens whose removal is cancelled (and whose
status is adjusted) in such fiscal year under section 240A of such Act
(8 U.S.C. 1229b).
(6) The number of aliens who are provided lawful permanent resident
status in such fiscal year on the basis of a private bill passed by
Congress.
(b) Exception- In applying subsection (a), aliens who are spouses or children
of citizens of the United States, or who are admitted under the limitations
described in section 102, shall not be counted.
SEC. 104. SUNSETTING ADJUSTMENTS UNDER VARIOUS PROVISIONS.
(a) Sunset for IRCA-Related and Certain Other Amnesties- An alien may
not be issued an immigrant visa or otherwise acquire the status of an
alien lawfully admitted for permanent residence under any of the following
provisions, unless the alien has filed an application for such visa or
status on or before the date of the enactment of this Act:
(1) Section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a),
commonly known as the IRCA legalization program.
(2) Section 210 of such Act (8 U.S.C. 1160), commonly known as the agricultural
worker amnesty program.
(3) Section 249 of such Act (8 U.S.C. 1259), commonly known as registry.
(4) Section 584 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1988, relating to Amerasian immigration.
(b) Sunset for HRIFA and NACARA Amnesties- An alien may not be issued
an immigrant visa and may not otherwise acquire the status of an alien
lawfully admitted for permanent residence under any of the following provisions,
unless the alien has filed an application for such visa or status on or
before the date of the enactment of this Act:
(1) Section 202 of the Nicaraguan Adjustment and Central American Relief
Act of 1997 (title II of Public Law 105-100).
(2) The Haitian Refugee and Immigration Fairness Act of 1998 (division
A of section 101(h) of Public Law 105-277).
(c) Immediate Repeal of Cuban-Haitian Adjustment- An alien may not be
issued an immigrant visa and may not otherwise acquire the status of an
alien lawfully admitted for permanent residence under section 202 of the
Immigration Reform and Control Act of 1986, unless the alien has filed
an application for such visa or status on or before the date of the enactment
of this Act:
(d) Immediate Repeal of Lautenberg-Morrison Provisions- Effective on the
date of the enactment of this Act, section 599D of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is repealed.
SEC. 105. REQUIREMENT FOR CONGRESSIONAL APPROVAL FOR EXTENSION OF DESIGNATION
OF FOREIGN STATES FOR PURPOSES OF TEMPORARY PROTECTED STATUS.
Effective on October 1, 2008, the period of designation of a foreign state
under section 244(b) of the Immigration and Nationality Act (8 U.S.C.
1254(b)) may not be extended beyond the initial designation period without
the approval of both Houses of Congress.
SEC. 106. ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATIONS; CONVERSION
OF CERTAIN EXISTING IMMIGRANT CLASSIFICATION PETITIONS.
(a) Establishment of Nonimmigrant Classifications- Effective October 1,
2008, the Secretary of Homeland Security shall establish the following
new nonimmigrant classifications (under section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)):
(1) SPOUSES AND MINOR CHILDREN OF LAWFUL PERMANENT RESIDENTS-
(A) IN GENERAL- A nonimmigrant classification for an alien who is
the spouse or child of an alien lawfully admitted for permanent residence.
(B) PERIOD OF VALIDITY OF NONIMMIGRANT VISA- A visa issued for nonimmigrant
classification under this paragraph shall be valid for a period of
3 years. Such visa may be renewed indefinitely so long as the principal
alien is residing in the United States and the nonimmigrant alien
remains the spouse or child of such alien.
(C) SUBSEQUENT ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS AS IMMEDIATE
RELATIVES UPON NATURALIZATION OF PRINCIPAL ALIEN- If the principal
alien described in subparagraph (A) becomes a naturalized citizen
of the United States, the alien may apply for permanent resident status
of such spouse and child as an immediate relative under section 201(b)(2)(A)
of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)) and,
for purposes of making such determination, the age of the child shall
be the age of such child as of the date of approval of the nonimmigrant
status under subparagraph (A).
(2) PARENTS OF ADULT UNITED STATES CITIZENS-
(A) IN GENERAL- A nonimmigrant classification for an alien who is
the parent of a citizen of the United States if the citizen is at
least 21 years of age.
(B) PERIOD OF VALIDITY OF NONIMMIGRANT VISA- A visa issued for nonimmigrant
classification under this subparagraph shall be valid for a period
of 5 years. Such visa may be renewed indefinitely so long as the citizen
son or daughter is residing in the United States.
(C) LIMITATIONS ON EMPLOYMENT AND PUBLIC BENEFITS AND SUPPORT BY PETITIONING
CITIZEN SON OR DAUGHTER- An alien provided nonimmigrant status under
this paragraph is not authorized to be employed in the United States
and is not entitled, notwithstanding any other provision of law, to
any benefits funded by the Federal Government or any State. In the
case of such an alien, the petitioning United States citizen son or
daughter shall be responsible for the support of the alien in the
United States, regardless of the resources of such alien.
(b) Conversion of Current Classification Petitions-
(1) FAMILY SECOND PREFERENCE CONVERSIONS- In the case of a classification
petition under section 204(a) of the Immigration and Nationality Act
(8 U.S.C. 1154(a)) for preference status described in section 203(a)(2)(A)
of such Act (8 U.S.C. 1153(a)(2)(A)) for an alien that has been filed
before October 1, 2008, as of such date such petition shall be deemed
to be a petition for classification of the alien involved as a nonimmigrant
under the classification established under subsection (a)(1).
(2) IMMEDIATE RELATIVE PETITIONS FOR PARENTS- In the case of a classification
petition under section 204(a) of the Immigration and Nationality Act
(8 U.S.C. 1154(a)) for immediate relative status under section 201(b)(2)(A)
of such Act (8 U.S.C. 1151(b)(2)(A)) as the parent of a United States
citizen that has been filed before October 1, 2008, as of such date
such petition shall be deemed to be a petition for classification of
the alien involved as a nonimmigrant under the classification established
under subsection (a)(2).
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. LIMITATION ON AUTOMATIC BIRTHRIGHT CITIZENSHIP.
Notwithstanding any other provision of law, with respect to an individual
born after the date of the enactment of this Act, the individual shall
not be a national or citizen of the United States at birth under section
301 of the Immigration and Nationality Act (8 U.S.C. 1401) unless at least
one of the individual's parents is, at the time of birth, a citizen or
national of the United States or an alien lawfully admitted for permanent
residence.
SEC. 202. REQUIREMENT FOR IMMIGRANTS TO PROVIDE AFFIDAVIT OF ALLEGIANCE
TO THE UNITED STATES.
(a) In General- Notwithstanding any other provision of law, no alien shall
be provided an immigrant visa or otherwise provided status as an alien
lawfully admitted to the United States for permanent residence unless
the alien has executed an affidavit of allegiance to the United States
that is in a form approved by the Secretary of Homeland Security.
(b) Effective Date- Subsection (a) shall take effect on and after such
date, not later than 60 days after the date of the enactment of this Act,
as the Secretary of Homeland Security specifies after having approved
the form for the affidavit under such subsection.
SEC. 203. REQUIREMENT OF AFFIDAVIT OF SUPPORT FOR EMPLOYMENT-BASED IMMIGRANTS.
(a) In General- Notwithstanding any other provision of law, no alien shall
be provided an immigrant visa or otherwise provided status as an alien
lawfully admitted to the United States for permanent residence as an employment-based
immigrant under section 203(b) of the Immigration and Nationality Act
(8 U.S.C. 1153(b)) unless there has been executed an affidavit of support
that meets the requirements of section 213A of such Act (8 U.S.C. 1183a)
and the alien has executed an affidavit of allegiance to the United States
that is in a form approved by the Secretary of Homeland Security.
(b) Effective Date- Subsection (a) shall apply to visas and lawful permanent
residence status provided after the date of the enactment of this Act.
SEC. 204. MAKING VOTING IN FOREIGN ELECTION A BASIS FOR AUTOMATIC LOSS
OF CITIZENSHIP.
(a) In General- Section 349(a) of the Immigration and Nationality Act
(8 U.S.C. 1481(a)) is amended--
(1) by striking the period at the end of paragraph (7) and inserting
`; or'; and
(2) by adding at the end the following new paragraph:
`(8) voting in an election in a foreign country.'.
(b) Effective Date- The amendments made by subsection (a) shall apply
to voting that occurs after the date of the enactment of this Act.
SEC. 205. TREATING ILLEGAL PRESENCE IN THE UNITED STATES AS NOT DEMONSTRATING
GOOD MORAL CHARACTER.
(a) In General- Section 101(f) of the Immigration and Nationality Act
(8 U.S.C. 1101(f)) is amended--
(1) by striking `or' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting
`; or'; and
(3) by inserting after paragraph (9) the following new paragraph:
`(A) at the time good moral character is required to be demonstrated,
is unlawfully present in the United States without having been admitted
or paroled;
`(B) at the time good moral character is required to be demonstrated,
has been inspected and admitted to the United States but gained such
admission through fraud or misrepresentation; or
`(C) at any time has been unlawfully present in the United States
for an aggregate period of 181 days or more.'.
(b) Effective Date- The amendments made by subsection (a) shall apply
to determinations of good moral character made after the date of the enactment
of this Act.
SEC. 206. REQUIREMENT OF DNA TESTING FOR ALIENS SEEKING VISAS BASED
ON A BIOLOGICAL RELATIONSHIP.
(a) In General- Section 221(d) of the Immigration and Nationality Act
(8 U.S.C. 1201(d)) is amended--
(1) by striking `(d)' and inserting `(d)(1)'; and
(2) by adding at the end the following new paragraph:
`(2) Prior to the issuance of an immigrant visa to an alien that is predicated
on a biological relationship to a family member, the consular officer
shall require such alien to submit the results of DNA testing in order
to confirm that the purported biological relationship is not inconsistent
with the results.'.
(b) Authorization of Fees- The Secretary of Homeland Security is authorized
to adjust the fees collected from aliens described in section 221(d)(2)
of the Immigration and Nationality Act, as added by subsection (a)(2),
in order to carry out such section.
(c) Testing Facilities- The Secretary of Homeland Security, in consultation
with the Secretary of State, shall promulgate regulations with respect
to the facilities where DNA testing is authorized to be performed, as
required by section 221(d)(2) of the the Immigration and Nationality Act,
as added by subsection (a)(2).
TITLE III--DEMANDING UNIFORM ENFORCEMENT
Subtitle A--No Access; No Opportunity
SEC. 301. SENSE OF CONGRESS ON ROLE OF DEPARTMENT OF DEFENSE.
It is the sense of Congress that the Secretary of Defense should, to the
maximum extent possible--
(1) conduct training in conjunction with the United States Border Patrol
where the Department of Defense can perform a supporting role; and
(2) conduct surveillance to act as a force multiplier for the Border
Patrol agents.
SEC. 302. USE OF ARMY AND AIR FORCE TO SECURE THE BORDERS.
Section 1385 of title 18, United States Code, is amended by inserting
after `execute the laws' the following: `other than at or near a border
of the United States in order to prevent aliens, terrorists, and drug
smugglers from entering the United States'.
SEC. 303. ASSIGNMENT OF MEMBERS OF THE ARMED FORCES TO ASSIST UNITED
STATES CUSTOMS AND BORDER PROTECTION AND UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT.
(a) Assignment Authority of Secretary of Defense- Chapter 18 of title
10, United States Code, is amended by inserting after section 374 the
following new section:
`Sec. 374a. Assignment of members to assist border patrol and control
`(a) Assignment Authorized- Upon submission of a request consistent with
subsection (b), the Secretary of Defense may assign members of the Army,
Navy, Air Force, and Marine Corps to assist the Bureau of Customs and
Border Protection and the United States Immigration and Customs Enforcement
of the Department of Homeland Security--
`(1) in preventing the entry of terrorists, drug traffickers, and illegal
aliens into the United States; and
`(2) in the inspection of cargo, vehicles, and aircraft at points of
entry into the United States to prevent the entry of weapons of mass
destruction, components of weapons of mass destruction, prohibited narcotics
or drugs, or other terrorist or drug trafficking items.
`(b) Request for Assignment- The assignment of members under subsection
(a) may occur only if--
`(1) the assignment is at the request of the Secretary of Homeland Security;
and
`(2) the request is accompanied by a certification by the Secretary
of Homeland Security that the assignment of members pursuant to the
request is necessary to respond to a threat to national security posed
by the entry into the United States of terrorists, drug traffickers,
or illegal aliens.
`(c) Training Program Required- The Secretary of Homeland Security and
the Secretary of Defense, shall establish a training program to ensure
that members receive general instruction regarding issues affecting law
enforcement in the border areas in which the members may perform duties
under an assignment under subsection (a). A member may not be deployed
at a border location pursuant to an assignment under subsection (a) until
the member has successfully completed the training program.
`(d) Conditions of Use- (1) Whenever a member who is assigned under subsection
(a) to assist the Bureau of Customs and Border Protection or the United
States Immigration and Customs Enforcement is performing duties pursuant
to the assignment, a civilian law enforcement officer from the agency
concerned shall accompany the member.
`(2) Nothing in this section shall be construed to--
`(A) authorize a member assigned under subsection (a) to conduct a
search, seizure, or other similar law enforcement activity or to make
an arrest; and
`(B) supersede section 1385 of title 18 (popularly known as the `Posse
Comitatus Act').
`(e) Establishment of Ongoing Joint Task Forces- (1) The Secretary of
Homeland Security may establish ongoing joint task forces if the Secretary
of Homeland Security determines that the joint task force, and the assignment
of members to the joint task force, is necessary to respond to a threat
to national security posed by the entry into the United States of terrorists,
drug traffickers, or illegal aliens.
`(2) If established, the joint task force shall fully comply with the
standards as set forth in this section.
`(f) Notification Requirements- The Secretary of Homeland Security shall
provide to the Governor of the State in which members are to be deployed
pursuant to an assignment under subsection (a) and to local governments
in the deployment area notification of the deployment of the members to
assist the Department of Homeland Security under this section and the
types of tasks to be performed by the members.
`(g) Reimbursement Requirement- Section 377 of this title shall apply
in the case of members assigned under subsection (a).'.
(b) Commencement of Training Program- The training program required by
subsection (c) of section 374a of title 10, United States Code, shall
be established as soon as practicable after the date of the enactment
of this Act.
(c) Clerical Amendment- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 374
the following new item:
`374a. Assignment of members to assist border patrol and control'.
SEC. 304. CONSTRUCTION OF SECURE FENCE.
(a) In General- The President shall provide for construction of the secure
fencing authorized under section 102(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note).
(b) Use of Competitive Bidding- In carrying out subsection (a), the President
shall provide for a competitive bidding process under which a company
is eligible to submit a bid if such company is enrolled, before submitting
such a bid, in the electronic employment verification program under section
402 of such Act.
SEC. 305. REPORT BY SANDIA NATIONAL LABORATORIES CONCERNING BORDER SECURITY.
(a) In General- Not later than one year after the date of the enactment
of this Act, the head of Sandia National Laboratories shall submit to
Congress a report concerning recommendations for the construction, establishment,
or implementation of the most effective combination of manpower and border
infrastructure for the entire international land border of the United
States to prevent all unlawful entries into the United States.
(b) Action by Congress- Not later than 60 days after submission of the
report required under subsection (a), Congress shall conduct a vote to
determine whether or not to implement the recommendations set out in such
report.
SEC. 306. INCREASE IN FULL-TIME USCBP IMMIGRATION INSPECTORS.
Subject to the availability of appropriations, the Secretary of Homeland
Security shall increase by 2,000 above the number funded in fiscal year
2006 the number of full-time United States Customs and Border Protection
immigration inspectors by the end of fiscal year 2008. There are authorized
to be appropriated such sums as may be necessary for such additional resources
for support personnel and equipment for inspections as may be necessary
to implement such an increase in inspectors.
SEC. 307. INCREASE IN FULL-TIME USICE DETENTION AND REMOVAL OFFICERS.
Subject to the availability of appropriations, the Secretary of Homeland
Security shall increase by 2,000 above the number funded in fiscal year
2006 the number of full-time United States Immigration and Customs Enforcement
detention and removal officers by the end of the fiscal year 2008. There
are authorized to be appropriated such sums as may be necessary for additional
resources for support personnel and equipment for detention and removals
to implement such increase in personnel.
SEC. 308. FUNCTIONS OF DETENTION AND REMOVAL OFFICERS.
Notwithstanding any other provision of law, detention and removal officers
of the Department of Homeland Security at the GS-9 and GS-11 levels are
authorized to perform interior patrol functions, including locating, detaining,
and transporting aliens who have overstayed their visas, alien absconders,
and aliens apprehended by State or local authorities.
SEC. 309. INCREASE IN USICE CRIMINAL INVESTIGATORS FOR BENEFITS FRAUD.
Subject to the availability of appropriations, the Secretary of Homeland
Security shall increase by 500 above the number funded in fiscal year
2006 the number of 1811-series criminal investigators to be assigned to
the benefits fraud unit in the United States Immigration and Customs Enforcement
to do benefits and false claims investigation by the end of fiscal year
2008. There are authorized to be appropriated such sums as may be necessary
for related training and support.
SEC. 310. INCREASE IN ATTORNEYS FOR THE USICE LEGAL PROGRAM.
Subject to the availability of appropriations, the Secretary of Homeland
Security shall increase by 300 above the number funded in fiscal year
2006 the number of attorneys for the United States Immigration and Customs
Enforcement Legal Program by the end of the fiscal year 2008. There are
authorized to be appropriated such sums as may be necessary for related
training and support.
SEC. 311. SUSPENSION OF VISA WAIVER PROGRAM.
(a) Suspension- Notwithstanding any other provision of law, the visa waiver
program established under section 217 of the Immigration and Nationality
Act (8 U.S.C. 1187) is suspended until the Secretary of Homeland Security
determines and certifies to the Congress that--
(1) the automated entry-exit control system authorized under section
110 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1221 note), as amended, is fully implemented and functional;
(2) all United States ports of entry have functional biometric machine
readers; and
(3) all nonimmigrants, including Border Crossing Card holders, are processed
through the automated entry-exit system.
(b) Repeal- Subparagraph (B) of section 217(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1187(a)(3)) is repealed.
SEC. 312. CIVIL AND CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE.
(a) Aliens Unlawfully Present- Title II of the Immigration and Nationality
Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 275
the following new section:
`CRIMINAL PENALTIES AND FORFEITURE FOR UNLAWFUL PRESENCE IN THE UNITED
STATES
`Sec. 275A. (a) In addition to any other violation, an alien present in
the United States in violation of this Act shall be guilty of a felony
and shall be fined under title 18, United States Code, imprisoned not
less than 1 year, or both. The assets of any alien present in the United
States in violation of this Act shall be subject to forfeiture under title
18, United States Code.
`(b) It shall be an affirmative defense to a violation of subsection (a)
that the alien overstayed the time allotted under the visa due to an exceptional
and extremely unusual hardship or physical illness that prevented the
alien from leaving the United States by the required date.'.
(b) Increase in Criminal Penalties for Illegal Entry- Section 275(a) of
the Immigration and Nationality Act (8 U.S.C. 1325(a)) is amended by striking
`not more than 6 months,' and inserting `not less than 1 year,'.
SEC. 313. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION
CENTER DATABASE.
(a) Provision of Information to the NCIC- Not later than 180 days after
the date of the enactment of this Act, the Under Secretary for Border
and 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 on all aliens against whom
a final order of removal has been issued, all aliens who have signed a
voluntary departure agreement, and all aliens who have overstayed their
visa. Such information shall be provided to the National Crime Information
Center regardless of whether or not the alien received notice of a final
order of removal and even if the alien has already been removed.
(b) Inclusion of Information in the NCIC Database- Section 534(a) of title
28, United States Code, is amended--
(1) in paragraph (3), by striking `and' at the end;
(2) by redesignating paragraph (4) as 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
or not the alien has received notice of the violation and even if the
alien has already been removed; and'.
(c) State and Local Law Enforcement Provision of Information About Apprehended
Illegal Aliens-
(1) PROVISION OF INFORMATION-
(A) IN GENERAL- In order to receive funds under the State Criminal
Alien Assistance Program described in section 241(i) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)), States and localities shall
provide to the Department of Homeland Security the information listed
in subsection (b) on each alien apprehended in the jurisdiction of
the State or locality who is believed to be in violation of an immigration
law of the United States.
(B) TIME LIMITATION- Not later than 10 days after an alien described
in paragraph (1) is apprehended, information required to be provided
under paragraph (1) shall be provided in such form and in such manner
as the Secretary of Homeland Security may, by regulation or guideline,
require.
(2) INFORMATION REQUIRED- The information listed in this subsection
is as follows:
(B) The alien's address or place of residence.
(C) A physical description of the alien.
(D) The date, time, and location of the encounter with the alien and
reason for stopping, detaining, apprehending, or arresting the alien.
(E) If applicable, the alien's driver's license number and the State
of issuance of such license.
(F) If applicable, the type of any other identification document issued
to the alien, any designation number contained on the identification
document, and the issuing entity for the identification document.
(G) If applicable, the license plate number, make, and model of any
automobile registered to, or driven by, the alien.
(H) A photo of the alien, if available or readily obtainable.
(I) The alien's fingerprints, if available or readily obtainable.
(3) REIMBURSEMENT- The Department of Homeland Security shall reimburse
States and 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.
(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
such sums as necessary to carry out this Act.
(d) Forgery of Federal Documents-
(1) IN GENERAL- Chapter 25 of title 18, United States Code, is amended
by adding at the end the following:
`Sec. 515. Federal records, documents, and writings, generally
`(1) falsely makes, alters, forges, or counterfeits any Federal record,
Federal document, Federal writing, or record, document, or writing characterizing,
or purporting to characterize, official Federal activity, service, contract,
obligation, duty, property, or chose;
`(2) utters or publishes as true, or possesses with intent to utter
or publish as true, any record, document, or writing described in paragraph
(1), knowing, or negligently failing to know, that such record, document,
or writing has not been verified, has been inconclusively verified,
is unable to be verified, or is false, altered, forged, or counterfeited;
`(3) transmits to, or presents at any office, or to any officer, of
the United States, any records, document, or writing described in paragraph
(1), knowing, or negligently failing to know, that such record, document,
or writing has not been verified, has been inconclusively verified,
in unable to be verified, or is false, altered, forged, or counterfeited;
`(4) attempts, or conspires to commit, any of the acts described in
paragraphs (1) through (3); or
`(5) while outside of the United States, engages in any of the acts
described in paragraphs (1) through (3),
shall be fined under this title, imprisoned not more than 10 years, or
both.'.
(2) CLERICAL AMENDMENT- The table of contents for chapter 25, of title
18, United States Code, is amended by inserting after the item relating
to section 415 the following:
`515. Federal records, documents, and writing, generally'.
SEC. 314. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT FRAUD, BENEFIT FRAUD,
AND FALSE CLAIMS OF CITIZENSHIP.
(a) Penalties for Document Fraud- Section 274C(d)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324c(d)(3)) is amended--
(1) in subparagraph (A), by striking `$250 and not more than $2,000'
and inserting `$500 and not more than $4,000'; and
(2) in subparagraph (B), by striking `$2,000 and not more than $5,000'
and inserting `$4,000 and not more than $10,000'.
(b) Fraud and False Statements- Chapter 47 of title 18, United States
Code, is amended
(1) in section 1015, by striking `five years' and inserting `10 years';
and
(A) in paragraph (1), by striking `15 years' and inserting `20 years';
(B) in paragraph (2), by striking `three years' and inserting `six
years';
(C) in paragraph (3), by striking `20 years' and inserting `25 years';
and
(D) in paragraph (6), by striking `one year' and inserting `two years'.
SEC. 315. IDENTIFICATION STANDARD FOR FEDERAL BENEFITS.
(a) Federal Agencies- No department, agency, commission, other entity,
or employee of the Federal Government may accept, recognize, or rely on
(or authorize the acceptance or recognition of or reliance on) for the
purpose of establishing identity any document except those described in
subsection (c).
(b) State and Local Agencies- No department, agency, commission, other
entity, or employee of a State or local government charged with providing
or approving applications for public benefits or services funded in whole
or in part with Federal funds may accept, recognize, or rely on (or authorize
the acceptance or recognition of or reliance on) for the purpose of establishing
identity any document except those described in subsection (c).
(c) Documents Described- Documents described in this subsection are limited
to--
(1)(A) Valid, unexpired United States passports, immigration documents,
and other identity documents issued by a Federal authority.
(B) Individual taxpayer identification numbers issued by the Internal
Revenue Service shall not be considered identity documents for purposes
of subparagraph (A).
(2) Valid, unexpired identity documents issued by a State or local authority
if--
(A) the State or local authority statutorily bars issuance of such
identity documents to aliens unlawfully present in the United States;
and
(B) the State or local authority requires independent verification
of records provided by the applicant in support of the application
for such identity documents.
(3) Valid, unexpired foreign passports, if such passports include or
are accompanied by proof of lawful presence in the United States.
SEC. 316. FINGERPRINTING OF APPLICANTS FOR UNITED STATES PASSPORTS.
Section 1 of title IX of the Act of June 15, 1917 (22 U.S.C. 213) is amended--
(1) by inserting `(a)' before `Before a passport';
(2) by adding at the end the following new subsection:
`(b) No new or replacement United States passport may be issued to any
applicant on or after January 1, 2008, unless--
`(1) the applicant has been fingerprinted electronically; and
`(2) the applicant's fingerprints have been checked against the National
Crime Information Center database of the Federal Bureau of Investigation.'.
SEC. 317. VISA TERM COMPLIANCE BONDS.
(a) Definitions- For purposes of this section:
(1) VISA TERM COMPLIANCE BOND- The term `visa term compliance bond'
means a written suretyship undertaking entered into by an alien individual
seeking admission to the United States on a nonimmigrant visa whose
performance is guaranteed by a bail agent.
(2) SURETYSHIP UNDERTAKING- The term `suretyship undertaking' means
a written agreement, executed by a bail agent, which binds all parties
to its certain terms and conditions and which provides obligations for
the visa applicant while under the bond and penalties for forfeiture
to ensure the obligations of the principal under the agreement.
(3) BAIL AGENT- The term `bail agent' means any individual properly
licensed, approved, and appointed by power of attorney to execute or
countersign bail bonds in connection with judicial proceedings and who
receives a premium.
(4) SURETY- The term `surety' means an entity, as defined by, and that
is in compliance with, sections 9304 through 9308 of title 31, United
States Code, that agrees--
(A) to guarantee the performance, where appropriate, of the principal
under a visa term compliance bond;
(B) to perform as required in the event of a forfeiture; and
(C) to pay over the principal (penal) sum of the bond for failure
to perform.
(5) SECRETARY- The term `Secretary' means the Secretary of Homeland
Security.
(b) Issuance of Bond- A consular officer may require an applicant for
a nonimmigrant visa, as a condition for granting such application, to
obtain a visa term compliance bond.
(c) Validity, Expiration, Renewal, and Cancellation of Bonds-
(1) VALIDITY- A visa term compliance bond undertaking is valid if it--
(A) states the full, correct, and proper name of the alien principal;
(B) states the amount of the bond;
(C) is guaranteed by a surety and countersigned by an attorney-in-fact
who is properly appointed;
(D) is an original signed document;
(E) is filed with the Secretary of Homeland Security along with the
original application for a visa; and
(F) is not executed by electronic means.
(2) EXPIRATION- A visa term compliance bond undertaking shall expire
at the earliest of--
(A) 1 year after the date of issue;
(B) at the expiration, cancellation, or surrender of the visa; or
(C) immediately upon nonpayment of the premium.
(3) RENEWAL- A visa term compliance may be renewed annually with payment
of proper premium at the option of the bail agent or surety, but only
if there has been no breech of conditions, default, claim, or forfeiture
of the bond.
(4) CANCELLATION- A visa term compliance bond shall be canceled and
the surety and bail agent exonerated--
(B) if the surety or bail agent provides reasonable evidence that
there was misrepresentation or fraud in the application for the bond;
(C) upon termination of the visa;
(D) upon death, incarceration of the principal, or the inability of
the surety to produce the principal for medical reasons;
(E) if the principal is detained in any city, State, country, or political
subdivision thereof;
(F) if the principal departs from the United States for any reason
without permission of the Secretary of Homeland Security and the surety
or bail agent; or
(G) if the principal is surrendered by the surety.
(5) EFFECT OF EXPIRATION OR CANCELLATION- When a visa term compliance
bond expires without being immediately renewed, or is canceled, the
nonimmigrant status of the alien shall be revoked immediately.
(6) SURRENDER OF PRINCIPAL; FORFEITURE OF BOND PREMIUM-
(A) SURRENDER- At any time before a breach of any of the conditions
of a visa term compliance bond, the surety or bail agent may surrender
the principal, or the principal may surrender, to any United States
Immigration and Customs Enforcement or United States Customs and Border
Protection office or facility.
(B) FORFEITURE OF BOND PREMIUM- A principal may be surrendered without
the return of any bond premium if the visa holder--
(i) changes address without notifying the surety or bail agent and
the Secretary of Homeland Security in writing at least 60 days prior
to such change;
(ii) changes schools, jobs, or occupations without written permission
of the surety, bail agent, and the Secretary;
(iii) conceals himself or herself;
(iv) fails to report to the Secretary as required at least annually;
or
(v) violates the contract with the bail agent or surety, commits
any act that may lead to a breech of the bond, or otherwise violates
any other obligation or condition of the visa established by the
Secretary.
(7) CERTIFIED COPY OF UNDERTAKING OR WARRANT TO ACCOMPANY SURRENDER-
(A) IN GENERAL- A person desiring to make a surrender of the visa
holder--
(i) shall have the right to petition any Federal court for an arrest
warrant for the arrest of the visa holder;
(ii) shall forthwith be provided a certified copy of the arrest
warrant and the undertaking; and
(iii) shall have the right to pursue, apprehend, detain, and deliver
the visa holder, together with the certified copy of the arrest
warrant and the undertaking, to any official or facility of the
United States Immigration and Customs Enforcement or of United States
Customs and Border Protection or any detention facility authorized
to hold Federal detainees.
(B) EFFECTS OF DELIVERY- Upon delivery of a person under subparagraph
(A)(iii)--
(i) the official to whom the delivery is made shall detain the visa
holder in custody and issue a written certificate of surrender;
and
(ii) the court issuing the warrant described in subparagraph (A)(i)
and the Secretary of Homeland Security shall immediately exonerate
the surety and bail agent from any further liability on the bond.
(8) FORM OF BOND- A visa term compliance bond shall in all cases state
the following and be secured by a surety:
(A) BREACH OF BOND; PROCEDURE; FORFEITURE; NOTICE-
(i) IN GENERAL- If a visa holder violates any conditions of the
visa or the visa bond the Secretary shall--
(I) order the visa canceled;
(II) immediately obtain a warrant for the visa holder's arrest;
(III) order the bail agent and surety to take the visa holder
into custody and surrender the visa holder to the Secretary; and
(IV) mail notice to the bail agent and surety via certified mail
return receipt at each of the addresses in the bond.
(ii) ACCESS- A bail agent or surety shall have full and complete
access to all information, electronic or otherwise, in the care,
custody, and control of the United States Government or any State
or local government or any subsidiary or police agency thereof regarding
the visa holder needed to comply with [Struck out->][
section 213 of the REAL GUEST Act of 2007 ][<-Struck
out] [Struck out->][ ??? ][<-Struck
out] that the court issuing the warrant believes is crucial in locating
the visa holder.
(iii) ARREST; DETAINER- If the visa holder is later arrested, detained,
or otherwise located outside the United States and the outlying
possessions of the United States (as defined in section 101(a) of
the Immigration and Nationality Act), the Secretary shall--
(I) order that the bail agent and surety are completely exonerated,
and the bond canceled and terminated; and
(II) if the Secretary has issued an order under clause (i), the
surety may request, by written, properly filed motion, reinstatement
of the bond.
Subclause (II) may not be construed to prevent the Secretary from
revoking or resetting a higher bond.
(iv) ACTIONS- If a visa holder violates any conditions of the visa
or the visa bond the bail agent or surety shall--
(I) produce the visa bond holder; or
(II)(aa) prove within 180 days that producing the bond holder
was prevented--
(AA) by the bond holder's illness or death;
(BB) because the bond holder is detained in custody in any city,
State, country, or political subdivision thereof;
(CC) because the bond holder has left the United States or its
outlying possessions (as defined in section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)); or
(DD) because required notice was not given to the bail agent
or surety; and
(bb) prove within 180 days that the inability to produce the bond
holder was not with the consent or connivance of the bail agent
or sureties.
(v) ASSESSMENT OF PENALTY WITHIN 60 DAYS- If the bail agent or surety
does not comply with the terms of this bond within 60 days after
the mailing of the notice required under clause (i)(IV), a portion
of the face value of the bond shall be assessed as a penalty against
the surety.
(vi) ASSESSMENT OF PENALTY BETWEEN 60 AND 90 DAYS- If compliance
occurs more than 60 days but no more than 90 days after the mailing
of such notice, the amount assessed shall be one-third of the face
value of the bond.
(vii) ASSESSMENT OF PENALTY BETWEEN 90 AND 180 DAYS- If compliance
occurs more than 90 days, but no more than 180 days, after the mailing
of such notice, the amount assessed shall be two-thirds of the face
value of the bond.
(viii) ASSESSMENT OF PENALTY GREATER THAN 180 DAYS- If compliance
does not occur within 180 days after the mailing of such notice,
the amount assessed shall be 100 percent of the face value of the
bond.
(ix) PAYMENT TERMS- All penalty fees shall be paid by the surety
within 45 days after the end of such 180-day period.
(B) WAIVER- The Secretary may waive the penalty fees or extend the
period for payment or both under subparagraph (A), if--
(i) a written request is filed with the Secretary; and
(ii) the bail agent or surety provides evidence satisfactory to
the Secretary that diligent efforts were made to effect compliance
of the visa holder.
(C) COMPLIANCE; EXONERATION; LIMITATION OF LIABILITY-
(i) COMPLIANCE- The bail agent or surety shall have the absolute
right to locate, apprehend, arrest, detain, and surrender any visa
holder, wherever the visa holder may be found, who violates any
of the terms and conditions of the visa or bond.
(ii) EXONERATION- Upon satisfying any of the requirements of the
bond, the surety shall be completely exonerated.
(iii) LIMITATION OF LIABILITY- The total liability on any undertaking
shall not exceed the face amount of the bond.
SEC. 318. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.
Section 236(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1226(a)(2))
is amended to read as follows:
`(2) subject to section 241(a)(8), may release the alien on bond of
at least $10,000, with security approved by, and containing conditions
prescribed by, the Secretary of Homeland Security, but the Secretary
shall not release the alien on or to the alien's own recognizance unless
an order of an immigration judge expressly finds that the alien is not
a flight risk and is not a threat to the United States; and'.
SEC. 319. DETENTION OF ALIENS DELIVERED BY BONDSMEN.
(a) In General- Section 241(a) of the Immigration and Nationality Act
(8 U.S.C. 1231(a)) is amended by adding at the end the following:
`(8) EFFECT OF PRODUCTION OF ALIEN BY BONDSMAN- Notwithstanding any
other provision of law, the Secretary of Homeland Security shall take
into custody any alien subject to a final order of removal, and cancel
any bond previously posted for the alien, if the alien is produced within
the prescribed time limit by the obligor on the bond. The obligor on
the bond shall be deemed to have substantially performed all conditions
imposed by the terms of the bond, and shall be released from liability
on the bond, if the alien is produced within such time limit.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect
on the date of the enactment of this Act and shall apply to all immigration
bonds posted before, on, or after such date.
SEC. 320. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN SUPPORT
OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS.
(a) Applications for Social Security Account Numbers- Section 205(c)(2)(B)(ii)
of the Social Security Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended
(1) by inserting `(I)' after `(ii)'; and
(2) by adding at the end the following new subclause:
`(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 of Social Security shall require independent verification
of any birth record provided by the applicant in support of the application.'.
(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. 321. BIRTH CERTIFICATES.
(a) Applicability of Minimum Standards to Local Governments- The minimum
standards in this section applicable to birth certificates issued by a
State shall also apply to birth certificates issued by a local 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.
(b) Minimum Standards for Federal Recognition-
(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 person unless the State
is meeting the requirements of this section.
(B) 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.
(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 determine 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 requirements of this section, a State
shall require and verify the following information from the requestor
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 requestor's identity.
(B) ISSUANCE TO PERSONS NOT NAMED ON BIRTH CERTIFICATE- To meet the
requirements of this section, in the case of a request by a person
who is not named on the birth certificate, a State must require the
presentation of legal authorization to request the birth certificate
before issuance.
(C) ISSUANCE TO FAMILY MEMBERS- Not later than one year after the
date of the enactment 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 requirements set forth in clauses
(i) through (iii) of subparagraph (A) in exceptional circumstances,
such as the incapacitation of the registrant.
(E) APPLICATIONS BY ELECTRONIC MEANS- To meet the requirements of
this section, for applications by electronic means, through the mail
or by phone or fax, a State shall employ third party verification,
or equivalent verification, of the identity of the requestor.
(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 requirements 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 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.
(C) Subject all persons with access to vital records to appropriate
security clearance requirements.
(D) Establish fraudulent document recognition training programs for
appropriate employees engaged in the issuance process.
(E) Establish and implement internal operating system standards for
paper and for electronic 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 authority 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 subsection (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 Homeland 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
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 1 year after the date of the enactment of this Act,
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.
(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,
notification, 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 establishment of databases
provided for under this section, require States to record and retain
electronic records of pertinent identification information collected
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 report 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.
(d) Electronic Verification of Vital Events-
(1) LEAD AGENCY- The Secretary of Homeland Security shall lead the implementation
of electronic 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
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 the enactment of this
Act.
(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 Secretary of Homeland Security for each of the fiscal years 2008
through 2011 such sums as may be necessary to carry out this section.
(1) PARTICIPATION WITH FEDERAL AGENCIES AND 25 STATES- All authority
to issue regulations, certify standards, and issue grants under this
section shall be carried out by the Secretary of Homeland 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 Secretary 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 Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) is repealed.
SEC. 322. MAXIMUM PERIOD OF VALIDITY FOR STATE LICENSES AND IDENTIFICATION
DOCUMENTS.
Section 202(d)(10) of the REAL ID Act of 2005 (division B of Public Law
109-13) is amended by striking `8 years' and inserting `5 years'.
SEC. 323. NO PREEMPTION OF CERTAIN STATE AND LOCAL LAWS REGARDING EMPLOYMENT
ELIGIBILITY VERIFICATION REQUIREMENTS.
(a) In General- Paragraph (2) of section 274A(h) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)) is amended to read as follows:
`(2) NO PREEMPTION- The provisions of this section shall not preempt
any State or local law that imposes--
`(A) employment eligibility verification requirements imposed upon
employers or employees consistent with or in addition to the employment
eligibility verification requirements under this section;
`(B) civil or criminal penalties for violation of such State or local
employment eligibility verification requirements;
`(C) civil or criminal penalties for acts prohibited in this section;
`(D) licensing sanctions for violation of such State or local employment
eligibility verification requirements;
`(E) licensing sanctions for acts prohibited in this section; or
`(F) limitations on the right of a private party to sue for up to
treble damages.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect
on the date of the enactment of this Act and shall apply as of such date
to all applicable State or local laws that were enacted before, on, or
after such date.
Subtitle B--Reversing Unlawful Migration
SEC. 331. 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 Responsibility
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 permanently 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 entities shall satisfy the requirement in paragraph (1) by
not later than one year after the date of the enactment of this Act:
(A) FEDERAL AGENCIES- Each department and agency of the Federal Government;
(B) FEDERAL CONTRACTORS- A contractor 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 exempted 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 INDUSTRIES- 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:
(iv) Leisure and hospitality.
(3) PHASING-IN FOR OTHER EMPLOYERS-
(A) TWO YEARS FOR EMPLOYERS OF 20 OR MORE- Entities that employ 20
or more individuals in the United States in any industry shall satisfy
the requirement in paragraph (1) by not later than two years after
the date of the enactment of this Act.
(B) THREE YEARS FOR ALL EMPLOYERS- All entities that employ one or
more individuals in the United States shall 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 the date of the enactment of this Act 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 requirements 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 employment of the alien upon being
informed of the error.
(6) SANCTIONS FOR NONCOMPLIANCE- The failure of an employer to comply
with the requirements in paragraph (1) or (4) shall--
(A) be treated as a violation of section 274A(a)(1)(B) of the Immigration
and Nationality Act (8 U.S.C. 1324a(a)(1)(B)) with respect to each
individual whose employment authorization 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 preventing
a person or other entity that is not immediately subject to the requirement
of paragraph (1) pursuant to paragraph (2) or (3) from voluntarily using
the EASI Check system to verify the employment 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. 332. EMPLOYER SANCTIONS.
(a) Increase in Penalty for Violations- Subsection 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 inserting `$5,000';
(2) in subparagraph (A)(ii), by striking `not less than $2,000 and not
more than $5,000' and inserting `$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 PETITIONS- 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 entity which engages in a pattern
or practice of violations 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, imprisoned for not less than one year,
or both, notwithstanding the provisions of any other Federal law relating
to fine levels.'.
SEC. 333. LIMITED DURATION SOCIAL SECURITY ACCOUNT NUMBERS FOR NONIMMIGRANTS.
(a) Temporary Social Security Cards for Nonimmigrants- Section 205(c)(2)(G)
of the Social Security 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 residents, 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 permission
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 admission to the United States
for or adjustment of status to--
`(aa) permanent residence; or
`(bb) temporary or other short-term residence in a category that permits
them to engage in employment in the United States, except that these
aliens shall be issued the social security cards described in the
second sentence of subparagraph (G);'.
SEC. 334. MANDATORY NOTIFICATION OF SOCIAL SECURITY ACCOUNT NUMBER MISMATCHES
AND MULTIPLE USES.
(a) Notification of Mismatched Name and Social 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 employee's name or date of birth in
the Commissioner's records. Such notification shall instruct employers
to notify listed employees that they have 10 business days to correct
the mismatch with the Social Security Administration 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 Individual Social Security Account
Numbers- Prior to crediting any individual with concurrent earnings from
more than one employer, the Commissioner of Social Security 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 Security 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 employed by both or
all employers reporting earnings to that social security account number.
SEC. 335. NO SOCIAL SECURITY CREDIT FOR WORK PERFORMED 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. 336. REDUCING INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER ABUSE.
(a) Modified IT IN Format and Lawful Presence Requirement-
(1) IN GENERAL- Section 6109(c) of the Internal Revenue Code of 1986
is amended to read as follows:
`(c) Requirement of Information-
`(1) IN GENERAL- For purposes of this section, the Secretary is authorized
to require such information as may be necessary to assign an identifying
number of any person.
`(2) SEPARATE FROM SOCIAL SECURITY ACCOUNT 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 Secretary shall verify with the Department of Homeland Security
that the applicant for such number is lawfully present in the United
States.'.
(2) EFFECTIVE DATE- Section 6109(c)(2) of the Internal Revenue Code
of 1986, as amended by paragraph (1), shall take effect not later than
