109th CONGRESS
1st Session
H. R. 3938
To provide for comprehensive immigration reform.
IN THE HOUSE OF REPRESENTATIVES
September 29, 2005
Mr. HAYWORTH (for himself, Mr. MILLER of Florida, Mr. SESSIONS, Ms. FOXX,
Mr. SAM JOHNSON of Texas, Mr. JONES of North Carolina, Mr. KING of Iowa, Mr.
TANCREDO, Mr. RENZI, Mr. NORWOOD, Mr. DEAL of Georgia, Mr. POE, Mr. GUTKNECHT,
Mr. GARY G. MILLER of California, Mr. CALVERT, Mr. FRANKS of Arizona, Mr.
HUNTER, Mrs. KELLY, Mr. CARTER, Mr. GOODE, Mr. EVERETT, Mr. DUNCAN, Mr. GOHMERT,
and Mr. MCCOTTER) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Armed Services,
Ways and Means, Financial Services, Homeland Security, and Government Reform,
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 provide for comprehensive 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 `Enforcement First Immigration
Reform Act of 2005'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--CLEAR AUTHORITY FOR INTERIOR ENFORCEMENT
Sec. 102. Federal affirmation of assistance in the immigration law enforcement
by States and political subdivisions of States.
Sec. 103. State authorization for assistance in the enforcement of immigration
laws encouraged.
Sec. 104. Civil and criminal penalties for aliens unlawfully present in
the United States.
Sec. 105. Listing of immigration violators in the national crime information
center database.
Sec. 106. State and local law enforcement provision of information about
apprehended illegal aliens.
Sec. 107. Financial assistance to State and local police agencies that assist
in the enforcement of immigration laws.
Sec. 108. Increased Federal detention space.
Sec. 109. Federal custody of illegal aliens apprehended by State or local
law enforcement.
Sec. 110. Training of State and local law enforcement personnel relating
to the enforcement of immigration laws.
Sec. 112. Institutional removal program (IRP).
Sec. 113. State criminal alien assistance program (SCAAP).
Sec. 114. Detention of dangerous aliens.
Sec. 115. Increased criminal penalties for alien smuggling, document fraud,
gang violence, and drug trafficking.
Sec. 116. Penalty for countries that do not accept return of nationals.
Sec. 117. No judicial review of visa revocation.
Sec. 118. Alternatives to detention.
Sec. 119. Additional immigration personnel.
Sec. 120. Completion of background and security checks.
Sec. 121. Denial of benefits to terrorists and criminals.
Sec. 122. Reinstatement of previous removal orders.
Sec. 123. Automated alien records.
Sec. 124. Annual report on interior enforcement.
TITLE II--IMPROVED BORDER SECURITY
Sec. 201. Assignment of members of the Armed Forces to assist Bureau of
Border Security and Bureau of Citizenship and Immigration Services of the
Department of Homeland Security.
Sec. 202. Necessary assets for controlling United States borders.
Sec. 203. Expedited removal between ports of entry.
Sec. 204. Document fraud detection.
Sec. 205. Reducing illegal immigration and alien smuggling on tribal lands.
TITLE III--SOCIAL SECURITY FOR WORKING AMERICANS
Sec. 301. Letters to employers by the Commissioner of Social Security for
purposes of resolving discrepancies in wage records and notification of
the Secretary of Homeland Security regarding such letters.
Sec. 302. Tightening requirements for the provision of social security numbers
on withholding exemption certificates.
Sec. 303. Annual reports to the Congress regarding large employers with
the largest numbers of employees with non-matching social security account
numbers.
Sec. 304. Exclusion of unauthorized work from work upon which creditable
earnings may be based.
TITLE IV--WORK AUTHORIZATION AND ENFORCEMENT
Sec. 401. Requirement for employers to conduct employment eligibility verification.
Sec. 402. Amendments to the Social Security Act relating to identification
of individuals.
Sec. 403. Employment Eligibility Database.
Sec. 404. Requirements relating to individuals commencing work in the United
States.
Sec. 406. Increase in personnel ensuring compliance with prohibitions on
unlawful employment of aliens.
Sec. 407. Integration of fingerprinting databases.
Sec. 408. Authorizations of appropriations.
Sec. 409. Rules of construction.
TITLE V--SECURE IDENTIFICATION STANDARDS
Sec. 501. Prohibition on acceptance of identification issued by foreign
governments.
Sec. 502. Foreign-issued forms of identification prohibited as proof of
identity to open accounts at financial institutions.
Sec. 503. Identification standard for Federal benefits.
Sec. 504. Change in format of Individual Taxpayer Identification Numbers
(ITINs).
Sec. 505. Sharing ITIN-related information.
Sec. 506. Birth certificates.
TITLE VI--REFORM OF LEGAL IMMIGRATION
Sec. 601. Increase in employment based visas.
Sec. 602. Increase in cap on unskilled workers.
Sec. 603. Elimination of family 4th preference visa category for adult siblings
of citizens.
Sec. 604. 3-year moratorium on immigrant visas for Mexican nationals.
Sec. 605. Limitation on number of family-sponsored immigrant visas from
Mexico.
Sec. 606. Elimination of diversity lottery visa category.
Sec. 607. Annual report on projected job creation and foreign labor demand.
Sec. 608. Visa term compliance bonds.
Sec. 609. Release of aliens in removal proceedings.
Sec. 610. Detention of aliens delivered by bondsmen.
TITLE VII--CITIZENSHIP REFORM
Sec. 701. Citizenship at birth for children of non-citizen, non-permanent
resident aliens.
Sec. 702. Sanctions for Acts Violating the Oath of Renunciation and Allegiance.
Sec. 703. Policy of discouragement of dual/multiple citizenship.
Sec. 704. Informing birth nations of their previous citizens' new status
as American citizens.
TITLE VIII--WAGES PAID TO UNAUTHORIZED ALIENS
Sec. 801. Clarification that wages paid to unauthorized aliens may not be
deducted from gross income.
(c) Severability- If any provision of this Act, or the application of such
provision to any person or circumstance, is held invalid, the remainder of
this Act, and the application of such provision to other persons not similarly
situated or to other circumstances, shall not be affected by such invalidation.
TITLE I--CLEAR AUTHORITY FOR INTERIOR ENFORCEMENT
SEC. 101. STATE DEFINED.
For purposes of this title, the term `State' has the meaning given such term
in section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).
SEC. 102. FEDERAL AFFIRMATION OF ASSISTANCE IN THE 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 purposes of assisting in the enforcement
of the immigration laws of the United States in the course of carrying out
routine duties. This State authority has never been displaced or preempted
by the Congress.
SEC. 103. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF IMMIGRATION
LAWS ENCOURAGED.
(a) In General- Effective 2 years after the date of the enactment of this
title, a State (or political subdivision of a State) that has in effect a
statute, policy, or practice that prohibits law enforcement officers of the
State, or of a political subdivision within the State, from assisting or cooperating
with Federal immigration law enforcement in the course of carrying out the
officers' routine law enforcement duties shall not receive any of the funds
that would otherwise be allocated to the State under section 241(i) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)).
(b) Construction- Nothing in this section shall require law enforcement officials
from States or political subdivisions of States to report or arrest victims
or witnesses of a criminal offense.
(c) Reallocation of Funds- Any funds that are not allocated to a State or
political subdivision of a State due to the failure of the State to comply
with subsection (a) shall be reallocated to States that comply with such subsection.
SEC. 104. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN
THE UNITED STATES.
(a) Aliens Unlawfully Present-
(1) IN GENERAL- Title II of the Immigration and Nationality Act (8 U.S.C.
1151 et seq.) is amended by inserting after section 275 the following:
`CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE IN THE UNITED STATES
`SEC. 275A. (a) In General- In addition to any other penalty, an alien who
is 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 and a day, or both.
`(b) Defense- It shall be an affirmative defense to a violation of subsection
(a) that the alien overstayed the time allotted under a 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.'.
(2) CLERICAL AMENDMENT- The table of contents of such Act is amended by
inserting after the item relating to section 275 the following new item:
`Sec. 275A. Criminal penalties for unlawful presence in the United States.'.
(b) Increase in Criminal Penalties for Illegal Entry- Section 275(a) of such
Act (8 U.S.C. 1325(a)) is amended by striking `6 months,' and inserting `1
year,'.
(c) Increase in Civil Penalties for Various Violations of the Immigration
Laws of the United States- Section 275(b) of such Act (8 U.S.C. 1325(b)) is
amended to read as follows:
`(b)(1) Subject to paragraph (2), any alien described in paragraph (3) shall
be subject to a civil penalty of--
`(A) $500 for the first violation;
`(B) $1,000 in the case of an alien who has been once previously been subject
to a civil penalty under this subsection;
`(C) $2,500 in the case of an alien who has been twice previously been subject
to a civil penalty under this subsection; or
`(D) $5,000 in the case of an alien who has been three or more times previously
been subject to a civil penalty under this subsection.
`(2) In the case of an alien described in paragraph (3)(D), the alien shall
be subject to civil penalties under this subsection that are 5 times the amounts
set forth under paragraph (1).
`(3) An alien described in this paragraph is an alien who--
`(A) is apprehended while entering (or attempting to enter) the United States
at a time or place other than as designated by immigration officers;
`(B) enters the United States without inspection;
`(C) fails to depart the United States within 30 days after the expiration
date of a nonimmigrant visa or a voluntary departure agreement and is not
in other lawful status; or
`(D) fails to depart the United States within 30 days after the date of
a final order of removal and is not in other lawful status.
`(4) Civil penalties under this subsection are in addition to, and not in
lieu of, any criminal or other civil penalties that may be imposed.'.
(d) Permission to Depart Voluntarily- Section 240B of such Act (8 U.S.C. 1229c)
is amended--
(1) by striking `Attorney General' and inserting `Secretary of Homeland
Security' each place it appears; and
(2) in subsection (a)(2)(A), by striking `120 days' and inserting `30 days'.
SEC. 105. 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 title, 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 Under Secretary may have on any and all aliens against whom a final
order of removal has been issued, any and all aliens who have signed a voluntary
departure agreement, any and all aliens who have overstayed their authorized
period of stay, and any and all aliens whose visas have been revoked. Such
information shall be provided to the National Crime Information Center, and
the National Crime Information Center shall enter such information into the
Immigration Violators File of the National Crime Information Center database,
regardless of whether--
(1) the alien received notice of a final order of removal;
(2) the alien has already been removed; or
(3) sufficient identifying information is available on the alien.
(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 the alien has
received notice of the violation or whether sufficient identifying information
is available on the alien and even if the alien has already been removed;
and'.
SEC. 106. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION ABOUT
APPREHENDED ILLEGAL ALIENS.
(a) Provision of Information- In compliance with section 642(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373)
and section 434 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1644), each State and each political subdivision of
a State is encouraged to provide the Department of Homeland Security in a
timely manner with the information listed in subsection (b) on each alien
apprehended in the jurisdiction of the State or political subdivision who
is believed to be in violation of the immigration laws of the United States.
(b) Information Required- The information listed in this subsection is as
follows:
(2) The alien's address or place of residence.
(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 alien's driver's license number 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 alien's fingerprints, if available or readily obtainable.
(c) Annual Report on Reporting- The Secretary shall maintain and annually
submit to Congress a detailed report listing the States or political subdivisions
of States that are providing information under subsection (a).
(d) Reimbursement- The Department of Homeland Security shall reimburse States
and political subdivisions of a State for all reasonable costs, as determined
by the Secretary of Homeland Security, incurred by that State or political
subdivision as a result of providing information under this section.
(e) Authorization of Appropriations- There is authorized to be appropriated
such sums as are necessary to carry out this section.
(f) Construction- Nothing in this section shall require law enforcement officials
of a State or political subdivision of a State to provide the Department of
Homeland Security with information related to a victim of a crime or witness
to a criminal offense.
SEC. 107. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT ASSIST
IN THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Grants for Special Equipment for Housing and Processing Illegal Aliens-
From amounts made available to make grants under this section, the Secretary
of Homeland Security shall make grants to States and political subdivisions
of States for procurement of equipment, technology, facilities, and other
products that facilitate and are directly related to investigating, apprehending,
arresting, detaining, or transporting immigration law violators, including
additional administrative costs incurred under this title.
(b) Eligibility- To be eligible to receive a grant under this section, a State
or political subdivision of a State must have the authority to, and have in
effect the policy and practice to, assist in the enforcement of the immigration
laws of the United States in the course of carrying out such agency's routine
law enforcement duties.
(c) Funding- There is authorized to be appropriated for grants under this
section $1,000,000,000 for each fiscal year.
(d) GAO Audit- Not later than 3 years after the date of the enactment of this
title, the Comptroller General of the United States shall conduct an audit
of funds distributed to States and political subdivisions of States under
subsection (a).
SEC. 108. INCREASED FEDERAL DETENTION SPACE.
(a) Construction or Acquisition of Detention Facilities-
(1) IN GENERAL- The Secretary of Homeland Security shall construct or acquire,
in addition to existing facilities for the detention of aliens, 20 detention
facilities in the United States, with at least 500 beds per facility, for
aliens detained pending removal or a decision on removal of such alien from
the United States.
(2) DETERMINATIONS- The location of any detention facility built or acquired
in accordance with this subsection shall be determined by the Deputy Assistant
Director of the Detention Management Division of the Immigration and Customs
Enforcement Office of Detention and Removal within the U.S. 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
consider 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 are necessary to carry out this section.
(c) Technical and Conforming Amendment- Section 241(g)(1) of the Immigration
and Nationality Act (8 U.S.C. 1231(g)(1)) is amended by striking `may expend'
and inserting `shall expend'.
SEC. 109. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL
LAW ENFORCEMENT.
(1) IN GENERAL- Title II of the Immigration and Nationality Act (8 U.S.C.
1151 et seq.) is amended by inserting after section 240C the following:
`CUSTODY OF ILLEGAL ALIENS
`SEC. 240D. (a) Transfer of Custody by State and Local Officials- If 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--
`(A) not later than 48 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 48 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
incarcerate or transport the illegal alien 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 the criminal
or illegal aliens to the Department of Homeland Security.
`(b) Policy on Detention in State and Local Detention Facilities- In carrying
out section 241(g)(1), the Attorney General or Secretary of Homeland Security
shall ensure that an alien arrested under this Act shall be detained, pending
the alien's being taken for the examination under this section, in a State
or local prison, jail, detention center, or other comparable facility. Notwithstanding
any other provision of law or regulation, such facility is adequate for detention,
if--
`(1) such a facility is the most suitably located Federal, State, or local
facility available for such purpose under the circumstances;
`(2) an appropriate arrangement for such use of the facility can be made;
and
`(3) such facility satisfies the standards for the housing, care, and security
of persons held in custody of a United States marshal.
`(c) Reimbursement- The Secretary of Homeland Security shall reimburse States
and political subdivisions of States for all reasonable expenses, as determined
by the Secretary, incurred by the State or political subdivision in the incarceration
and transportation of an illegal alien as described in subparagraphs (A) and
(B) of subsection (a)(1). Compensation provided for costs incurred under such
subparagraphs shall be 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) plus the cost of
transporting the criminal or illegal alien from the point of apprehension,
to the place of detention, and to the custody transfer point if the place
of detention and place of custody are different.
`(d) Secure Facilities- The Secretary of Homeland Security shall ensure that
illegal aliens incarcerated in Federal facilities pursuant to this Act are
held in facilities that provide an appropriate level of security.
`(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) CONTRACTS- The Secretary of Homeland Security may enter into contracts,
including appropriate private contracts, to implement this subsection.
`(f) Definition- For purposes of this section, the term `illegal alien' means
an alien who--
`(1) entered the United States without inspection or at any time, manner
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.
`(g) Authorization of Appropriations for the Detention and Transportation
to Federal Custody of Aliens not Lawfully Present- There is authorized to
be appropriated $500,000,000 for the detention and removal of aliens not lawfully
present in the United States under this Act for fiscal year 2006 and each
subsequent fiscal year.'.
(2) CLERICAL AMENDMENT- The table of contents of such Act is amended by
inserting after the item relating to section 240C the following new item:
`Sec. 240D. Custody of illegal aliens.'.
(b) GAO Audit- Not later than 3 years after the date of the enactment of this
title, the Comptroller General of the United States shall conduct an audit
of compensation to States and political subdivisions of States for the incarceration
of illegal aliens under section 240D(a) of the Immigration and Nationality
Act (as inserted by subsection (a)(1)).
SEC. 110. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL RELATING
TO THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Establishment of Training Manual and Pocket Guide- Not later than 180
days after the date of the enactment of this title, the Secretary of Homeland
Security shall establish--
(1) a training manual for law enforcement personnel of a State or political
subdivision of a State to train such personnel in the investigation, identification,
apprehension, arrest, detention, and transfer to Federal custody of aliens
in the United States (including the transportation of such aliens across
State lines to detention centers and the identification of fraudulent documents);
and
(2) an immigration enforcement pocket guide for law enforcement personnel
of a State or political subdivision of a State to provide a quick reference
for such personnel in the course of duty.
(b) Availability- The training manual and pocket guide established in accordance
with subsection (a) shall be made available to all State and local law enforcement
personnel.
(c) Applicability- Nothing in this section shall be construed to require State
or local law enforcement personnel to carry the training manual or pocket
guide established under subsection (a)(2) with them while on duty.
(d) Costs- The Department of Homeland Security shall be responsible for any
and all costs incurred in establishing the training manual and pocket guide
under subsection (a).
(e) Training Flexibility-
(1) IN GENERAL- The Department of Homeland Security shall make training
of State and local law enforcement officers available through as many means
as possible, including residential training at the Center for Domestic Preparedness,
onsite training held at State or local police agencies or facilities, online
training courses by computer, teleconferencing, and videotape, or the digital
video display (DVD) of a training course or courses. E-learning through
a secure, encrypted distributed learning system that has all its servers
based in the United States, is sealable, survivable, and can have a portal
in place within 30 days, shall be made available by the Federal Law Enforcement
Training Center Distributed Learning Program for State and local law enforcement
personnel.
(2) FEDERAL PERSONNEL TRAINING- The training of State and local law enforcement
personnel under this section shall not displace the training of Federal
personnel.
(3) CLARIFICATION- Nothing in this title or any other provision of law shall
be construed as making any immigration-related training a requirement for,
or prerequisite to, any State or local law enforcement officer to assist
in the enforcement of Federal immigration laws in the normal course of carrying
out their normal law enforcement duties.
(f) Training Limitation- Section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) is amended--
(1) by striking `Attorney General' and inserting `Secretary of Homeland
Security' each place it appears; and
(2) in paragraph (2), by adding at the end the following: `Such training
shall not exceed 14 days or 80 hours, whichever is longer.'.
SEC. 111. IMMUNITY.
(a) Personal Immunity- Notwithstanding any other provision of law, a law enforcement
officer of a State or local law enforcement agency who is acting within the
scope of the officer's official duties shall be immune, to the same extent
as a Federal law enforcement officer, from personal liability arising out
of the performance of any duty described in this title.
(b) Agency Immunity- Notwithstanding any other provision of law, a State or
local law enforcement agency 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 a law
enforcement officer of that agency committed a violation of Federal, State,
or local criminal law in the course of enforcing such immigration law.
SEC. 112. INSTITUTIONAL REMOVAL PROGRAM (IRP).
(a) Continuation and Expansion-
(1) IN GENERAL- The Department of Homeland Security shall continue to operate
and implement the program known as the Institutional Removal Program (IRP)
which--
(A) identifies removable criminal aliens in Federal and State correctional
facilities;
(B) ensures such aliens are not released into the community; and
(C) removes such aliens from the United States after the completion of
their sentences.
(2) EXPANSION- The institutional removal program shall be extended to all
States. Any State that receives Federal funds for the incarceration of criminal
aliens shall--
(A) cooperate with officials of the institutional removal program;
(B) expeditiously and systematically identify criminal aliens in its prison
and jail populations; and
(C) promptly convey such information to officials of such program as a
condition for receiving such funds.
(b) Authorization for Detention After Completion of State or Local Prison
Sentence- Law enforcement officers of a State or political subdivision of
a State have the authority 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 U.S.
Immigration and Customs Enforcement can take the alien into custody.
(c) Technology Usage- Technology such as video conferencing 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) Authorization of Appropriations- There is authorized to be appropriated
to carry out the institutional removal program--
(1) $100,000,000 for fiscal year 2007;
(2) $115,000,000 for fiscal year 2008;
(3) $130,000,000 for fiscal year 2009;
(4) $145,000,000 for fiscal year 2010; and
(5) $160,000,000 for fiscal year 2011.
SEC. 113. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).
Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(i))
is amended by inserting before the period at the end the following: `and $1,000,000,000
for each subsequent fiscal year'.
SEC. 114. 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
(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. 115. 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';
(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--
(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'.
(1) IN GENERAL- Title 18, United States Code, is amended by inserting after
chapter 51 the following:
`CHAPTER 52--ILLEGAL ALIENS
`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. 116. 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. 117. 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. 118. 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. 119. 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. 120. 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. 121. 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. 122. 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. 123. 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.
SEC. 124. ANNUAL REPORT ON INTERIOR ENFORCEMENT.
The Secretary of Homeland Security shall submit to Congress, by not later
than January 15 of each year (beginning with 2006) on the progress of enforcing
immigration laws in the interior of the United States.
TITLE II--IMPROVED BORDER SECURITY
SEC. 201. ASSIGNMENT OF MEMBERS OF THE ARMED FORCES TO ASSIST BUREAU OF
BORDER SECURITY AND BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES OF THE
DEPARTMENT OF HOMELAND SECURITY.
(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--
`(1) the Bureau of Border Security of the Department of Homeland Security
in preventing the entry of terrorists, drug traffickers, and illegal aliens
into the United States; and
`(2) the United States Customs Service of the Department of Homeland Security
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 Border Security or the United States Customs Service
is performing duties at a border location 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).
`(h) Termination of Authority- No assignment may be made or continued under
subsection (a) after September 30, 2007.'.
(b) Commencement of Training Program- The training program required by subsection
(b) of section 374a of title 10, United States Code, shall be established
as soon as practicable after the date of the enactment of this title.
(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. 202. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS.
(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, radar, 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).
(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. 203. 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. 204. 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. 205. 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 III--SOCIAL SECURITY FOR WORKING AMERICANS
SEC. 301. LETTERS TO EMPLOYERS BY THE COMMISSIONER OF SOCIAL SECURITY FOR
PURPOSES OF RESOLVING DISCREPANCIES IN WAGE RECORDS AND NOTIFICATION OF THE
SECRETARY OF HOMELAND SECURITY REGARDING SUCH LETTERS.
(a) In General- Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2))
is amended by adding at the end the following new subparagraph:
`(I)(i) In any case in which the Commissioner determines that the social security
account numbers in the wage records provided to the Social Security Administration
by an employer with respect to 10 or more employees do not match relevant
records otherwise maintained by the Social Security Administration, the Commissioner
shall promptly send to the employer a written notice--
`(I) informing the employer of the discrepancies,
`(II) requesting such information as may be in the possession of the employer
as would assist the Commissioner in resolving the discrepancies, and
`(III) informing the employer that a copy of such notice is being provided
to the Secretary of Homeland Security to assist such Secretary in the enforcement
of applicable Federal immigration laws relating to employment of individuals
who are not authorized to work in the United States.
`(ii) In any case in which the Commissioner sends a notice described in clause
(i) with respect to employees of an employer, the Commissioner shall simultaneously
transmit a copy of such notice to the Secretary of Homeland Security, including
a listing of the names, addresses, and social security account numbers of
such employees, according to the wage records described in clause (i), and
any nonmatching information with respect to the names, addresses, or social
security account numbers of such employees in the relevant records otherwise
maintained by the Social Security Administration.'.
(b) Effective Date- The amendment made by subsection (a) shall apply with
respect to determinations by the Commissioner of Social Security (that relevant
records maintained by the Commissioner do not match social security account
numbers provided to the Commissioner by employers) made on or after the date
of the enactment of this Act.
SEC. 302. TIGHTENING REQUIREMENTS FOR THE PROVISION OF SOCIAL SECURITY NUMBERS
ON WITHHOLDING EXEMPTION CERTIFICATES.
(a) In General- Section 6724 of the Internal Revenue Code of 1986 (relating
to waiver; definitions and special rules) is amended by adding at the end
the following new subsection:
`(f) Special Rules With Respect to Social Security Numbers on Withholding
Exemption Certificates-
`(1) AUTOMATIC WAIVER OF PENALTY IF SOCIAL SECURITY NUMBER VERIFIED- No
penalty shall be imposed under this part with respect to the social security
account number of an employee furnished under section 6051(a)(2) if the
employer verifies the employee's identity pursuant to section 205(c)(2)
of the Social Security Act.
`(2) REASONABLE CAUSE WAIVER NOT TO APPLY-
`(A) IN GENERAL- Subsection (a) shall not apply with respect to the social
security account number of an employee furnished under section 6051(a)(2).
`(B) EXCEPTION- Subparagraph (A) shall not apply in any case in which
the employer--
`(i) receives confirmation of an individual's identity pursuant to section
205(c)(2) of the Social Security Act, or
`(ii) corrects a clerical error made by the employer with respect to
the social security account number of an employee within 60 days after
notification under section 205(c)(2)(I) of the Social Security Act that
the social security account number contained in wage records provided
to the Social Security Administration by the employer with respect to
the employee does not match the social security account number of the
employee contained in relevant records otherwise maintained by the Social
Security Administration.'.
(b) Increase in Penalty on Employer Providing False Employee Social Security
Account Number- Section 6721 of such Code (relating to imposition of penalty)
is amended by adding at the end the following new subsection:
`(f) Increased Penalties for Failure to Furnish Correct Social Security Account
Number- In the case of a failure to furnish the correct social security account
number under section 6051(a)(2)--
`(1) subsection (a)(1) shall be applied by substituting `$500' for `$50'
and `$2,500,000' for `$250,000',
`(2) subsection (b) shall not apply,
`(3) subsection (c) shall not apply,
`(4) subsection (d)(1)(A) shall be applied by substituting `$500,000' for
`$250,000', and
`(5) subsection (e) shall be applied by substituting `$1,000' for `$100'
in paragraph (2), and `$2,500,000' for `$250,000' in paragraph (3)(A).'.
(1) SUBSECTION (a)- The amendment made by subsection (a) shall apply to
statements furnished after December 31, 2005.
(2) SUBSECTION (b)- The amendment made by subsection (b) shall apply to
failures occurring after December 31, 2005.
SEC. 303. ANNUAL REPORTS TO THE CONGRESS REGARDING LARGE EMPLOYERS WITH
THE LARGEST NUMBERS OF EMPLOYEES WITH NON-MATCHING SOCIAL SECURITY ACCOUNT
NUMBERS.
Section 205(c)(2) of the Social Security Act (as amended by section 301 of
this title) is amended further by adding at the end the following new subparagraph:
`(J)(i) Not later than January 31 of 2006 and of each subsequent calendar
year, the Commissioner of Social Security, in consultation with the Secretary
of the Treasury, shall--
`(I) determine the 500 large employers who, during the preceding calendar
year, employed the largest number of employees whose social security account
numbers, as furnished under section 6051(a)(2) of the Internal Revenue Code
of 1986, did not match relevant records otherwise maintained by the Commissioner
or such Secretary as of the end of such calendar year,
`(II) determine the 250 large employers with the highest percentages, expressed
as a percentage of each employer's workforce as of the end of such preceding
calendar year, of employees described in subclause (I), and
`(III) report to the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate the identities and addresses
of the employers described in subclause (I) and the identities and addresses
of the employers described in subclause (II) in connection with such preceding
calendar year.
`(ii) For purposes of this subparagraph--
`(I) The term `large employer' means, in connection with any calendar year,
an employer who normally employed more than 100 employees on a typical business
day during the calendar year.
`(II) In the case of an employer which was not in existence throughout the
calendar year, the determination of whether such employer is a large employer
shall be based on the number of employees that it is reasonably expected
such employer will normally employ on business days in the subsequent calendar
year.
`(III) The Commissioner, in consultation with the Secretary of the Treasury,
may prescribe regulations which provide for references in this clause to
an employer to be treated as including references to predecessors of such
employer.'.
SEC. 304. EXCLUSION OF UNAUTHORIZED WORK FROM WORK UPON WHICH CREDITABLE
EARNINGS MAY BE BASED.
(a) Exclusion of Unauthorized Employment From Employment Upon Which Creditable
Wages May Be Based- Section 210(a)(19) of the Social Security Act (42 U.S.C.
410(a)(19)) is amended--
(1) by striking `(19) Service' and inserting the following:
`(19)(A) Service performed by an alien while employed in the United States
for any period during which the alien is not authorized to be so employed.
(b) Exclusion of Unauthorized Functions and Services From Trade or Business
From Which Creditable Self-Employment Income May Be Derived- Section 211(c)
of the Social Security Act (42 U.S.C. 411(c)) is amended by inserting after
paragraph (6) the following new paragraph:
`(7) The performance of a function or service in the United States by an
alien during any period for which the alien is not authorized to perform
such function or service in the United States.'.
(c) Effective Date- The amendments made by this section shall apply with respect
to wages earned, and self-employment income derived, before, on, or after
the date of the enactment of this Act, except that such amendments shall not
apply with respect to monthly insurance benefits under title II of the Social
Security Act of individuals who became eligible for such benefits for a month
beginning before the date of the enactment of this Act. For purposes of this
subsection, an individual shall be deemed eligible for a benefit for a month
if, upon filing application therefor in such month, such individual would
be entitled to such benefit for such month.
TITLE IV--WORK AUTHORIZATION AND ENFORCEMENT
SEC. 401. REQUIREMENT FOR EMPLOYERS TO CONDUCT EMPLOYMENT ELIGIBILITY 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 as the `Employment Eligibility Verification System' (and is referred
to in this section as such).
(b) Extension of Scope of Program- The Secretary of Homeland Security shall
provide for the implementation of the Employment Eligibility Verification
System throughout the United States on a timely basis, consistent with the
implementation of subsection (c) and such System shall continue in operation
until the implementation of the employment eligibility verification system
established under the succeeding provisions of this title.
(c) Requirement for Use of Employment Eligibility Verification-
(1) IN GENERAL- Subject to paragraph (3), any person or other entity that
hires any individual for employment in the United States, including the
Federal Government and any contractors of the Federal Government, 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 (division C of Public Law
104-208; 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 required
to participate under such subsection.
(3) EFFECTIVE DATE- The requirement of paragraph (1) applies to individuals
hired on or after the date that is 30 days after the date of the enactment
of this Act.
(d) 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.
SEC. 402. AMENDMENTS TO THE SOCIAL SECURITY ACT RELATING TO IDENTIFICATION
OF INDIVIDUALS.
(a) Antifraud Measures for Social Security Cards- Section 205(c)(2)(G) of
the Social Security Act (42 U.S.C. 405(c)(2)(G)) is amended--
(1) by inserting `(i)' after `(G)';
(2) by striking `banknote paper' and inserting `durable plastic or similar
material'; and
(3) by adding at the end the following new clauses:
`(ii) Each Social Security card issued under this subparagraph shall include
an encrypted machine-readable electronic identification strip which shall
be unique to the individual to whom the card is issued. The Commissioner shall
develop such electronic identification strip in consultation with the Secretary
of Homeland Security, so as to enable employers to use such strip in accordance
with section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(1)(B)) to obtain access to the Employment Eligibility Database established
by such Secretary pursuant to section 4 of such Act with respect to the individual
to whom the card is issued.
`(iii) Each Social Security card issued under this subparagraph shall contain--
`(I) physical security features designed to prevent tampering, counterfeiting,
or duplication of the card for fraudulent purposes; and
`(II) a disclaimer stating the following: `This card shall not be used for
the purpose of identification.'.
`(iv) The Commissioner shall provide for the issuance (or reissuance) to each
individual who--
`(I) has been assigned a Social Security account number under subparagraph
(B),
`(II) has attained the minimum age applicable, in the jurisdiction in which
such individual engages in employment, for legally engaging in such employment,
and
`(III) files application for such card under this clause in such form and
manner as shall be prescribed by the Commissioner,
a Social Security card which meets the preceding requirements of this subparagraph
and which includes a recent digitized photograph of the individual to whom
the card is issued.
`(v) The Commissioner shall maintain an ongoing effort to develop measures
in relation to the Social Security card and the issuance thereof to preclude
fraudulent use thereof.'.
(b) Sharing of Information With the Secretary of Homeland Security- Section
205(c)(2) of such Act is amended by adding at the end the following new subparagraph:
`(I) Upon the issuance of a Social Security account number under subparagraph
(B) to any individual or the issuance of a Social Security card under subparagraph
(G) to any individual, the Commissioner of Social Security shall transmit
to the Secretary of Homeland Security such information received by the Commissioner
in the individual's application for such number or such card as such Secretary
determines necessary and appropriate for administration of the Enforcement
First Immigration Reform Act of 2005. Such information shall be used solely
for inclusion in the Employment Eligibility Database established pursuant
to section 4 of such Act.'.
(c) Effective Dates- The amendment made by subsection (a) shall apply with
respect to Social Security cards issued after 2 years after the date of the
enactment of this title. The amendment made by subsection (b) shall apply
with respect to the issuance of Social Security account numbers and Social
Security cards after 2 years after the date of the enactment of this title.
SEC. 403. EMPLOYMENT ELIGIBILITY DATABASE.
(a) In General- The Secretary of Homeland Security shall establish and maintain
an Employment Eligibility Database. The Database shall include data comprised
of the citizenship status of individuals and the work and residency eligibility
information (including expiration dates) with respect to individuals who are
not citizens or nationals of the United States but are authorized to work
in the United States. Such data shall include all such data maintained by
the Department of Homeland Security as of the date of the establishment of
such database and information obtained from the Commissioner of Social Security
pursuant to section 205(c)(2)(I) of the Social Security Act. The Secretary
shall maintain ongoing consultations with the Commissioner to ensure efficient
and effective operation of the Database.
(b) Incorporation of Ongoing Pilot Programs- To the extent that the Secretary
determines appropriate in furthering the purposes of subsection (a), the Secretary
may incorporate the information, processes, and procedures employed in connection
with the Citizen Attestation Verification Pilot Program and the Employment
Eligibility Verification Program into the operation and maintenance of the
Database under subsection (a).
(1) IN GENERAL- No officer or employee of the Department of Homeland Security
shall have access to any information contained in the Database for any purpose
other than--
(A) the establishment of a system of records necessary for the effective
administration of this title; or
(B) any other purpose the Secretary of Homeland Security deems to be in
the national security interests of the United States.
(2) RESTRICTION- The Secretary shall restrict access to such information
to officers and employees of the United States whose duties or responsibilities
require access for the purposes described in paragraph (1).
(3) OTHER SAFEGUARDS- The Secretary shall provide such other safeguards
as the Secretary determines to be necessary or appropriate to protect the
confidentiality of information contained in the Database.
(d) Deadline for Meeting Requirements- The Secretary shall complete the establishment
of the Database and provide for the efficient and effective operation of the
Database in accordance with this section not later than 2 years after the
date of the enactment of this title.
SEC. 404. REQUIREMENTS RELATING TO INDIVIDUALS COMMENCING WORK IN THE UNITED
STATES.
(a) Requirements for Employers and Employees- Section 274A(a)(1) of the Immigration
and Nationality Act (8 U.S.C. 1324a(a)(1)) is amended to read as follows:
`(A) REQUIREMENTS FOR EMPLOYEES- No individual may commence employment
with an employer in the United States unless such individual has--
`(i) obtained a Social Security card issued by the Commissioner of Social
Security meeting the requirements of section 205(c)(2)(G)(iii) of the
Social Security Act; and
`(ii) displayed such card to the employer pursuant to the employer's
request for purposes of the verification required under subparagraph
(B).
`(B) REQUIREMENTS FOR EMPLOYERS-
`(i) IN GENERAL- No employer may hire for employment an individual in
the United States in any capacity unless such employer verifies under
this subparagraph that such individual has in his or her possession
a Social Security card issued to such individual pursuant to section
205(c)(2)(G) of the Social Security Act which bears a photograph of
such individual and that such individual is authorized to work in the
United States in such capacity. Such verification shall be made in accordance
with procedures prescribed by the Secretary of Homeland Security for
the purposes of ensuring against fraudulent use of the card and accurate
and prompt verification of the authorization of such individual to work
in the United States in such capacity.
`(ii) VERIFICATION PROCEDURES- Such procedures shall include use of--
`(I) a phone verification system which shall be established by the
Secretary; or
`(II) a card-reader verification system employing a device approved
by the Secretary as capable of reading the electronic identification
strip borne by the card so as to verify the identity of the card holder
and the card holder's authorization to work, and which is made available
at minimal cost to the employer.
`(iii) SECURITY AND EFFECTIVENESS- The Secretary shall ensure that the
phone verification system described in subparagraph (I) of clause (ii)
is as secure and effective as the card-reader verification system described
in subparagraph (II) of such clause.
`(iv) ACCESS TO DATABASE- The Secretary shall ensure that, by means
of such procedures, the employer will have such access to the Employment
Eligibility Database established and operated by the Secretary pursuant
to section 4 of the Enforcement First Immigration Reform Act of 2005
as to enable the employer to obtain information, relating to the citizenship,
residency, and work eligibility of the individual seeking employment
by the employer in any capacity, which is necessary to inform the employer
as to whether the individual is authorized to work for the employer
in the United States in such capacity.
`(v) DEFENSE- An employer who establishes that the employer complied
in good faith with the requirements of this subparagraph shall not be
liable for hiring an unauthorized alien, if--
`(I) such hiring occurred due to an error in the phone verification
system, the card-reader verification system, or the Employment Eligibility
Database which was unknown to the employer at the time of such hiring;
and
`(II) the employer terminates that employment of the alien upon being
informed of the error.'.
(b) Conforming Amendments- Section 274A of the Immigration and Nationality
Act (8 U.S.C. 1324a) is amended--
(1) in subsection (a), by striking paragraphs (3), (5), and (6) and redesignating
paragraphs (4) and (7) as paragraphs (3) and (4), respectively;
(A) by striking `Attorney General' each place such term appears and inserting
`Secretary of Homeland Security';
(B) by amending the matter preceding paragraph (2) to read as follows:
`(b) Employment Verification Forms-
`(1) EMPLOYER ATTESTATION OF COMPLIANCE- The verification procedures prescribed
under subsection (a)(1)(B) shall include an attestation, made under penalty
of perjury and on a form designated or established by the Secretary of Homeland
Security by regulation, that the employer has complied with such procedures.';
and
(C) by striking paragraph (6);
(3) by striking subsection (d); and
(4) by amending subsection (h)(3) to read as follows:
`(3) DEFINITIONS- For purposed of this section:
`(A) The term `authorized to work in the United States', when applied
to an individual, means that the individual is not an unauthorized alien.
`(B) The term `employer' means--
`(i) any person or entity who hires an individual; or
`(ii) any individual earning self-employment income (as defined in section
211(b) of the Social Security Act (42 U.S.C. 411(b))).
`(C) The term `employee' shall have the meaning given such term in section
210(j) of the Social Security Act (42 U.S.C. 410(j)).
`(D) The term `hire' means to hire an individual, or to recruit or refer
for a fee an individual, for employment in the United States.
`(E) The term `unauthorized alien' means, with respect to the employment
of an alien at a particular time, that the alien is not at that time--
`(i) an alien lawfully admitted for permanent residence; or
`(ii) authorized to be so employed by this Act or by the Secretary of
Homeland Security.'.
(c) Effective Date- The amendments made by this section shall take effect
2 years after the date of the enactment of this title and shall apply to employment
of any individual in any capacity commencing on or after such effective date.
SEC. 405. COMPLIANCE.
(a) In General- Section 274A(e) of the Immigration and Nationality Act (8
U.S.C. 1324a(e)) is amended to read as follows:
`(A) IN GENERAL- The Secretary of Homeland Security may assess a penalty,
payable to the Secretary, against any employer who--
`(i) hires an individual for employment in the United States in any
capacity who is known by the employer not to be authorized to work in
the United States in such capacity; or
`(ii) fails to comply with the procedures prescribed by the Secretary
pursuant to this section in connection with the employment of any individual.
`(B) AMOUNT- Such penalty shall not exceed $50,000 for each occurrence
of a violation described in subparagraph (A) with respect to the individual,
plus, in the event of the removal of such individual from the United States
based on findings developed in connection with the assessment or collection
of such penalty, the costs incurred by the Federal Government, cooperating
State and local governments, and State and local law enforcement agencies,
in connection with such removal.
`(2) ACTIONS BY SECRETARY- If any person is assessed under paragraph (1)
and fails to pay the assessment when due, or any person otherwise fails
to meet any requirement of this section, the Secretary may bring a civil
action in any district court of the United States within the jurisdiction
of which such person's assets are located or in which such person resides
or is found for the recovery of the amount of the assessment or for appropriate
equitable relief to redress the violation or enforce the provisions of this
section, and process may be served in any other district. The district courts
of the United States shall have jurisdiction over actions brought under
this section by the Secretary without regard to the amount in controversy.
`(3) CRIMINAL PENALTY- Any person who--
`(A) hires for employment any individual in the United States in any capacity
who such person knows not to be authorized to work in the United States
in such capacity; or
`(B) hires for employment any individual in the United States and fails
to comply with the procedures prescribed by the Secretary pursuant to
section 5(b) in connection with the hiring of such individual;
shall upon conviction be fined in accordance with title 18, United States
Code, or imprisoned for not more than 1 year for each such offense (not
to exceed 5 years for all such offenses), or both.'.
(b) Conforming Amendments- Section 274A of the Immigration and Nationality
Act (8 U.S.C. 1324a) is amended--
(1) in subsection (g)(2), by striking `hearing under subsection (e),' and
inserting `hearing,';
(2) by striking subsection (f); and
(3) by redesignating subsections (e), (g), and (h) as subsections (d), (e),
and (f), respectively.
(c) Effective Date- The amendments made by this section shall take effect
2 years after the date of the enactment of this title and shall apply to employment
of any individual in any capacity commencing on or after such effective date.
SEC. 406. INCREASE IN PERSONNEL ENSURING COMPLIANCE WITH PROHIBITIONS ON
UNLAWFUL EMPLOYMENT OF ALIENS .
Beginning with first fiscal year that begins after the date of the enactment
of this Act, the Secretary of Homeland Security shall, subject to the availability
of appropriations for such purpose, increase by not less than 10,000 the number
of positions within the Department of Homeland Security for full-time personnel
charged with carrying out section 274A(d) of the Immigration and Nationality
Act (8 U.S.C. 1324a(d)), as amended by section 405 of this title, above the
number of such positions for which funds were made available for fiscal year
2004.
SEC. 407. INTEGRATION OF FINGERPRINTING DATABASES.
The Secretary of Homeland Security and the Attorney General of the United
States shall jointly undertake to integrate the fingerprint database maintained
by the Department of Homeland Security with the fingerprint database maintained
by the Federal Bureau of Investigation. The integration of databases pursuant
to this section shall be completed not later than 2 years after the date of
the enactment of this title.
SEC. 408. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Department of Homeland Security- Except as otherwise provided in this
title, there are authorized to be appropriated to the Department of Homeland
Security for each fiscal year beginning with the first fiscal year that begins
after the date of the enactment of this Act, such sums as may be necessary
to carry out this title and the amendments made by this title, of which not
less than $100,000,000 shall be for the purpose of carrying out section 274A(d)
of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by
section 406 of this title.
(b) Social Security Administration- There are authorized to be appropriated
to the Social Security Administration for each fiscal year beginning with
the first fiscal year that begins after the date of the enactment of this
Act, such sums as are necessary to carry out the amendments made by section
403.
SEC. 409. RULES OF CONSTRUCTION.
(a) In General- Nothing in this title shall be construed--
(1) to require the presentation of a Social Security card for any purpose
other than--
(A) for the administration and enforcement of the Social Security laws
of the United States; or
(B) for the purpose of implementing and enforcing this title and the amendments
made by this title; or
(2) to require the Social Security card to be carried by an individual.
(b) No National Identification Card- It is the policy of the United States
that the Social Security card shall not be used as a national identification
card.
TITLE V--SECURE IDENTIFICATION STANDARDS
SEC. 501. PROHIBITION ON ACCEPTANCE OF IDENTIFICATION ISSUED BY FOREIGN
GOVERNMENTS.
(a) In General- A Federal agency may not accept, for any official purpose,
an identification document for an individual if the identification document
is issued by a foreign government.
(b) Exception- If a passport issued by a foreign government is authorized
by Federal law to be accepted for a specific official purpose on the date
of the enactment of this title, subsection (a) shall not be construed to affect
such authorization.
(c) Definition- For purposes of this section, the term `Federal agency' means--
(1) an Executive agency (as defined in section 105 of title 5, United States
Code);
(2) a military department (as defined in section 102 of title 5, United
States Code);
(3) an office, agency, or other establishment in the legislative branch
of the Government of the United States;
(4) an office, agency, or other establishment in the judicial branch of
the Government of the United States; and
(5) the government of the District of Columbia.
SEC. 502. FOREIGN-ISSUED FORMS OF IDENTIFICATION PROHIBITED AS
