Text: H.R.2954 — 110th Congress (2007-2008)All Bill Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in House (07/10/2007)


110th CONGRESS
1st Session
H. R. 2954

To strengthen enforcement of immigration laws, and gain operational control over the borders of the United States, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES
July 10, 2007

Mr. King of New York (for himself, Mr. Smith of Texas, Mr. McCaul of Texas, Mr. Daniel E. Lungren of California, Mr. David Davis of Tennessee, Mr. Bilbray, Mr. Gallegly, Mr. Young of Florida, Mr. Gingrey, Mrs. Myrick, Mr. Poe, Mr. Deal of Georgia, Mrs. Cubin, Mrs. Emerson, Mr. Marchant, Mr. Neugebauer, Mr. Bartlett of Maryland, Mr. McCotter, Mr. Carter, Mr. Cantor, Mr. Forbes, Mr. Miller of Florida, Mr. Franks of Arizona, Mr. Kline of Minnesota, Mr. Campbell of California, Mr. Shays, Mr. Dreier, Mr. Wilson of South Carolina, Mr. Gary G. Miller of California, and Mr. Blunt) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Education and Labor, and Oversight 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 strengthen enforcement of immigration laws, and gain operational control over the borders of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Secure Borders FIRST (For Integrity, Reform, Safety, and Anti-Terrorism) Act of 2007”.

TITLE IBorder security

SEC. 101. Achieving operational control of the borders.

(a) In general.—Not later than December 31, 2013, the Secretary of Homeland Security shall achieve operational control of the international land and maritime borders of the United States by carrying out the following:

(1) Deploying along such borders physical infrastructure enhancements, including additional checkpoints, all weather access roads, fencing, and vehicle barriers to gain operational control over such borders and to facilitate access to such borders by United States Customs and Border Protection.

(2) Expediting the requirements of the Secure Fence Act of 2006 (Public Law 109–347), including the amendments made by such Act to section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1103 note) (relating to the construction of reinforced fencing and other security improvements in the border area from the Pacific Ocean to the Gulf of Mexico).

(3) Conducting systematic surveillance of the international land and maritime borders of the United States through more effective use of personnel and technology, such as unmanned aerial vehicles, ground-based sensors, satellites, radar coverage, and cameras.

(b) Definition.—In this section, the term “operational control” means the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.

SEC. 102. Border patrol agents.

(a) Deadline.—Not later than December 31, 2008, the Secretary of Homeland Security shall ensure that the Border Patrol has not fewer than 18,000 Border Patrol agents and sufficient support staff for such agents, including mechanics, administrative support, and surveillance personnel.

(b) Fiscal years 2009 and 2010.—In fiscal years 2009 and 2010, the Secretary of Homeland Security shall increase by not less than 2,000 the number of positions for full-time active-duty Border Patrol agents within the Department of Homeland Security above the number of such positions existing in the preceding fiscal year.

SEC. 103. Increase in port of entry staffing.

For each of fiscal years 2008, 2009, 2010, and 2011, the Secretary of Homeland Security shall increase by not fewer than 250 the number of Customs and Border Protection officers at United States ports of entry over the number of such officers at such ports for the preceding year.

SEC. 104. Review of border security policies and procedures.

(a) Establishment of task force To reform Border Patrol policies.—(1) Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of United States Customs and Border Protection, shall establish a task force to examine the policies and procedures of the Border Patrol as they pertain to—

(A) the use of deadly force which is defined as any force that is likely to cause death, or serious bodily injury as that term is defined in section 924(c)(2) of title 18 of the United States Code; and

(B) the pursuit of fleeing vehicles.

(2) The task force shall consider the current policies and procedures for the use of deadly force and the pursuit of fleeing vehicles in every aspect of the mission of the United States Border Patrol, especially in deterring—

(A) human trafficking or smuggling;

(B) “drug trafficking crime” as that term is defined in section 924(c)(2) of title 18, United States Code; and

(C) any “crime of violence” as that term is defined in section 16 of title 18, United States Code.

(b) Composition of task force.—The task force established under subsection (b) shall be composed of individuals from the following:

(1) Representatives from State and local law enforcement agencies from jurisdictions along the northern or southern international borders of the United States.

(2) The National Border Patrol Council.

(3) The National Association of Former Border Patrol Officers.

(4) Human rights groups with experience regarding aliens who cross the international land borders of the United States.

(5) Any group that the Commissioner determines would contribute to the examination of the policies described in subsection (b).

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Commissioner shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report summarizing the findings and recommendations of the task force. The Commissioner shall include in such report an appendix, containing statements from any individual, official, or group that objects to the findings or recommendations contained in the report.

SEC. 105. Implementation of US–VISIT.

(a) Findings.—The Congress finds the following:

(1) Recognizing that the United States needed a border management system, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208) which directed the Attorney General, later amended to the Secretary of Homeland Security, to develop an automated entry and exit control system to collect records of arrival and departure from every foreign visitor entering and leaving the United States.

(2) Concerned that little progress had been made, Congress passed the Data Management Improvement Act of 2000 (Public Law 106–215) which set specific deadlines for the implementation of the entry and exit control system for all air and seaports by December 31, 2003, for the 50 largest land border ports of entry by December 31, 2004, and for all remaining ports of entry by December 31, 2005.

(3) After the terrorist attacks of September 11, 2001, Congress again addressed the entry- and exit- system during consideration of the USA Patriot Act of 2001 (Public Law 107–56), which required that the system include the use of biometrics and be able to interface with law enforcement databases to identify and detain individuals who pose a threat to national security.

(4) The Department of Homeland Security has implemented a portion of requirements for the entry and exit system to include the collection of biometric information upon entry into the United States at all air, sea, and land ports of entry. However, the Department has not fulfilled the existing mandates for the exit portion to be deployed.

(5) Four of the al-Qaeda members that carried out the September 11, 2001, terrorist attacks remained in the country after their visa expired.

(6) Lacking a functioning biometric exit system leaves the United States at risk for individuals to enter the United States, remain in the country with impunity past their authorized stay, and conduct terrorist fundraising and attacks.

(b) Airport and seaport exit implementation.—Not later than December 31, 2008, the Secretary of Homeland Security shall complete the exit portion of the integrated entry and exit data system (commonly referred to as the “United States Visitor and Immigrant Status Indicator Technology system” or “US–VISIT”) required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) for aliens arriving in or departing from the United States at an airport or seaport.

(c) Land exit implementation.—The Secretary of Homeland Security shall develop a strategy for implementation of exit portion of the integrated entry and exit data system (commonly referred to as the “United States Visitor and Immigrant Status Indicator Technology System” or “US–VISIT”) referred to under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) for aliens departing from the United States at a land port of entry. The Secretary shall implement the system not later than December 31, 2008.

SEC. 106. Mandatory detention for aliens apprehended at or between ports of entry.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, an alien who attempts to unlawfully enter the United States and is apprehended at a United States port of entry or along the international land and maritime borders of the United States shall be detained until removed or a final decision granting admission has been made, unless the alien—

(1) is permitted to withdraw an application for admission under section 235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)) and immediately departs from the United States pursuant to such section; or

(2) is paroled into the United States by the Secretary of Homeland Security for urgent humanitarian reasons or significant public benefit in accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)).

(b) Rules of construction.—

(1) ASYLUM AND REMOVAL.—Nothing in this section shall be construed as limiting the right of an alien to apply for asylum or for relief or deferral of removal based on a fear of persecution.

(2) TREATMENT OF CERTAIN ALIENS.—The mandatory detention requirement of subsection (a) shall not apply to any alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations.

(3) DISCRETION.—Nothing in this section shall be construed as limiting the authority of the Secretary of Homeland Security, in the Secretary’s sole unreviewable discretion, to determine whether an alien described in clause (ii) of section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) shall be detained or released after a finding of a credible fear of persecution (as defined in clause (v) of such section).

SEC. 107. Expedited removal.

(a) In general.—Section 235(b)(1)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)(iii)) is amended—

(1) in subclause (I), by striking “Attorney General” and inserting “Secretary of Homeland Security” each place it appears; and

(2) by adding at the end the following new subclause:

“(III) EXCEPTION.—Notwithstanding subclauses (I) and (II), the Secretary of Homeland Security shall apply clauses (i) and (ii) of this subparagraph to any alien (other than an alien described in subparagraph (F)) who is not a national of a country contiguous to the United States, who has not been admitted or paroled into the United States, and who is apprehended within 100 miles of an international land border of the United States and within 14 days of entry.”.

(b) Exceptions.—Section 235(b)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by striking “who arrives by aircraft at a port of entry” and inserting “, and who arrives by aircraft at a port of entry or who is present in the United States and arrived in any manner at or between a port of entry”.

(c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to all aliens apprehended on or after such date.

SEC. 108. Denial of admission to nationals of country denying or delaying accepting alien.

Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)) is amended to read as follows:

“(d) Denial of admission to nationals of country denying or delaying accepting alien.—Whenever the Secretary of Homeland Security determines 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 from the United States, the Secretary, 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 who was ordered removed.”.

SEC. 109. Alien transfer and reimbursement authority.

(a) Transfer to Federal custody.—The Secretary of Homeland Security shall require appropriate personnel from the Department of Homeland Security to respond within 24 hours in person to all requests made by a State, or political subdivision of a State, participating in the program described in section 287(g) of the Immigration and Nationaltiy Act (8 U.S.C. 1357(g)) that the Secretary take into custody an alien, if the Secretary has confirmed that the alien is unlawfully present in the United States.

(b) Reimbursement of costs.—If the Secretary fails to carry out subsection (a), the Secreary shall be responsible for the detention costs incurred by the State or political subdivision as a result of such failure.

SEC. 110. Mandatory minimum sentence for reentry of certain aliens.

(a) Entry of alien at improper time or place.—Section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is amended by adding at the end the following: “In the case of a third or subsequent offense, the alien shall be imprisoned not less than 3 months.”.

(b) Reentry of removed alient.—Section 276(a) of such Act (8 U.S.C. 1326(a)) is amended by adding at the end the following: “In the case of a second or subsequent offense, the alien shall be imprisoned not less than 3 months.”.

TITLE IIPublic Safety
subtitle ADetention of Dangerous Aliens

SEC. 201. Detention of dangerous aliens.

Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended—

(1) by striking “Attorney General” each place it appears, except for the first reference in paragraph (4)(B)(i), and inserting “Secretary of Homeland Security”;

(2) in paragraph (1), by adding at the end of subparagraph (B) the following:

“If, at that time, the alien is not in the custody of the Secretary of Homeland Security (under the authority of this Act), the Secretary shall take the alien into custody for removal, and the removal period shall not begin until the alien is taken into such custody. If the Secretary transfers custody of the alien during the removal period pursuant to law to another Federal agency or a State or local government agency in connection with the official duties of such agency, the removal period shall be tolled, and shall begin anew on the date of the alien’s return to the custody of the Secretary, subject to clause (ii).”;

(3) by amending clause (ii) of paragraph (1)(B) to read as follows:

“(ii) If a court, the Board of Immigration Appeals, or an immigration judge orders a stay of the removal of the alien, the date the stay of removal is no longer in effect.”;

(4) by amending paragraph (1)(C) to read as follows:

“(C) SUSPENSION OF PERIOD.—The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary of Homeland Security’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure, or conspires or acts to prevent the alien’s removal subject to an order of removal.”;

(5) in paragraph (2), by adding at the end the following: “If a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal, the Secretary, in the exercise of the Secretary’s discretion, may detain the alien during the pendency of such stay of removal.”;

(6) by amending paragraph (3)(D) to read as follows:

“(D) to obey reasonable restrictions on the alien’s conduct or activities, or perform affirmative acts, that the Secretary of Homeland Security prescribes for the alien, in order to prevent the alien from absconding, or for the protection of the community, or for other purposes related to the enforcement of the immigration laws.”;

(7) in paragraph (6), by striking “removal period and, if released,” and inserting “removal period, in the discretion of the Secretary of Homeland Security, without any limitations other than those specified in this section, until the alien is removed. If an alien is released, the alien”; and

(8) by redesignating paragraph (7) as paragraph (10) and inserting after paragraph (6) the following:

“(7) PAROLE.—If an alien detained pursuant to paragraph (6) is an applicant for admission, the Secretary of Homeland Security, in the Secretary’s discretion, may parole the alien under section 212(d)(5) and may provide, notwithstanding such section, that the alien shall not be returned to custody unless either the alien violates the conditions of the alien’s parole or the alien’s removal becomes reasonably foreseeable, but in no circumstance shall such alien be considered admitted.

“(8) ADDITIONAL RULES FOR DETENTION OR RELEASE OF CERTAIN ALIENS WHO HAVE MADE AN ENTRY.—The following procedures apply only with respect to an alien who has effected an entry into the United States. These procedures do not apply to any other alien detained pursuant to paragraph (6):

“(A) ESTABLISHMENT OF A DETENTION REVIEW PROCESS FOR ALIENS WHO FULLY COOPERATE WITH REMOVAL.—For an alien who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary of Homeland Security’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure, and has not conspired or acted to prevent removal, the Secretary shall establish an administrative review process to determine whether the alien should be detained or released on conditions. The Secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph (B). The determination shall include consideration of any evidence submitted by the alien, and may include consideration of any other evidence, including any information or assistance provided by the Secretary of State or other Federal official and any other information available to the Secretary of Homeland Security pertaining to the ability to remove the alien.

“(B) AUTHORITY TO DETAIN BEYOND THE REMOVAL PERIOD.—

“(i) IN GENERAL.—The Secretary of Homeland Security, in the exercise of the Secretary’s discretion, without any limitations other than those specified in this section, may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period as provided in paragraph (1)(C)).

“(ii) SPECIFIC CIRCUMSTANCES.—The Secretary of Homeland Security, in the exercise of the Secretary’s discretion, without any limitations other than those specified in this section, may continue to detain an alien beyond the 90 days authorized in clause (i)—

“(I) until the alien is removed, if the Secretary determines that there is a significant likelihood that the alien—

“(aa) will be removed in the reasonably foreseeable future; or

“(bb) would be removed in the reasonably foreseeable future, or would have been removed, but for the alien’s failure or refusal to make all reasonable efforts to comply with the removal order, or to cooperate fully with the Secretary’s efforts to establish the aliens’ identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure, or conspiracies or acts to prevent removal;

“(II) until the alien is removed, if the Secretary of Homeland Security certifies in writing—

“(aa) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety;

“(bb) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States;

“(cc) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; or

“(dd) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or any person, and either (AA) the alien has been convicted of one or more aggravated felonies (as defined in section 101(a)(43)(A)) or of one or more crimes identified by the Secretary of Homeland Security by regulation, or of one or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, if the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or (BB) the alien has committed one or more crimes of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) and, because of a mental condition or personality disorder and behavior associated with that condition or disorder, the alien is likely to engage in acts of violence in the future; or

“(ee) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or any person, and the alien has been convicted of at least one aggravated felony (as defined in section 101(a)(43)); or

“(III) pending a determination under subclause (II), so long as the Secretary of Homeland Security has initiated the administrative review process not later than 30 days after the expiration of the removal period (including any extension of the removal period, as provided in subsection (a)(1)(C)).

“(C) RENEWAL AND DELEGATION OF CERTIFICATION.—

“(i) RENEWAL.—The Secretary of Homeland Security may renew a certification under subparagraph (B)(ii)(II) every 6 months without limitation, after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew a certification, the Secretary may not continue to detain the alien under subparagraph (B)(ii)(II).

“(ii) DELEGATION.—Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in item (bb), (cc), or (ee) of subparagraph (B)(ii)(II) below the level of the Assistant Secretary for Immigration and Customs Enforcement.

“(iii) HEARING.—The Secretary of Homeland Security may request that the Attorney General or the Attorney General’s designee provide for a hearing to make the determination described in item (dd)(BB) of subparagraph (B)(ii)(II).

“(D) RELEASE ON CONDITIONS.—If it is determined that an alien should be released from detention, the Secretary of Homeland Security, in the exercise of the Secretary’s discretion, may impose conditions on release as provided in paragraph (3).

“(E) REDETENTION.—The Secretary of Homeland Security, in the exercise of the Secretary’s discretion, without any limitations other than those specified in this section, may again detain any alien subject to a final removal order who is released from custody if the alien fails to comply with the conditions of release, or to continue to satisfy the conditions described in subparagraph (A), or if, upon reconsideration, the Secretary determines that the alien can be detained under subparagraph (B). Paragraphs (6) through (8) shall apply to any alien returned to custody pursuant to this subparagraph, as if the removal period terminated on the day of the redetention.

“(F) CERTAIN ALIENS WHO EFFECTED ENTRY.—If an alien has effected an entry, but has neither been lawfully admitted nor has been physically present in the United States continuously for the 2-year period immediately prior to the commencement of removal proceedings under this Act or deportation proceedings against the alien, the Secretary of Homeland Security, in the exercise of the Secretary’s discretion, may decide not to apply paragraph (8) and detain the alien without any limitations except those which the Secretary shall adopt by regulation.

“(9) JUDICIAL REVIEW.—Without regard to the place of confinement, judicial review of any action or decision pursuant to paragraphs (6), (7), or (8) shall be available exclusively in habeas corpus proceedings instituted in the United States District Court for the District of Columbia, and only if the alien has exhausted all administrative remedies (statutory and regulatory) available to the alien as of right.”.

SEC. 202. Detention of aliens during removal proceedings.

(a) Detention authority.—Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following:

“(e) Length of detention.—

“(1) IN GENERAL.—With regard to length of detention, an alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal.

“(2) CONSTRUCTION.—The length of detention under this section shall not affect the validity of any detention under section 241.

“(f) Judicial review.—Without regard to the place of confinement, judicial review of any action or decision made pursuant to subsection (e) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia and only if the alien has exhausted all administrative remedies (statutory and nonstatutory) available to the alien as of right.”.

(b) Judicial review.—Section 236(e) of such Act (8 U.S.C. 1226(e)) is amended by adding at the end the following: “Without regard to the place of confinement, judicial review of any action or decision made pursuant to subsection (f) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia and only if the alien has exhausted all administrative remedies (statutory and nonstatutory) available to the alien as of right.”.

(c) Length of detention.—Section 236 of such Act (8 U.S.C. 1226) is amended by adding at the end the following:

“(f) Length of detention.—

“(1) IN GENERAL.—With regard to length of detention, an alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal.

“(2) CONSTRUCTION.—The length of detention under this section shall not affect the validity of any detention under section 241 of this Act.”.

SEC. 203. Severability.

If any provision of this subtitle, or any amendment made by this subtitle, or the application of any such provision to any person or circumstance, is held to be invalid for any reason, the remainder of this subtitle, and of the amendments made by this subtitle, and the application of the provisions and of the amendments made by this subtitle to any other person or circumstance, shall not be affected by such holding.

SEC. 204. Effective dates.

(a) Section 201.—The amendments made by section 201 shall take effect on the date of the enactment of this Act, and section 241 of the Immigration and Nationality Act, as amended, shall apply to—

(1) all aliens subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act; and

(2) acts and conditions occurring or existing before, on, or after the date of the enactment of this Act.

(b) Section 202.—The amendments made by section 202 shall take effect upon the date of the enactment of this Act, and sections 235 and 236 of the Immigration and Nationality Act, as amended, shall apply to any alien in detention under provisions of such sections on or after the date of the enactment of this Act.

subtitle BRemoval of Alien Gang Members

SEC. 211. Rendering inadmissible and deportable aliens participating in criminal street gangs.

(a) Inadmissible.—Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:

“(J) CRIMINAL STREET GANG PARTICIPATION.—

“(i) IN GENERAL.—Any alien is inadmissible if—

“(I) the alien has been removed under section 237(a)(2)(F); or

“(II) the consular officer or the Secretary of Homeland Security knows, or has reasonable ground to believe that the alien—

“(aa) is a member of a criminal street gang and has committed, conspired, or threatened to commit, or seeks to enter the United States to engage solely, principally, or incidentally in, a gang crime or any other unlawful activity; or

“(bb) is a member of a criminal street gang designated under section 219A.

“(ii) DEFINITIONS.—For purposes of this subparagraph:

“(I) CRIMINAL STREET GANG.—The term ‘criminal street gang’ means a formal or informal group or association of 3 or more individuals, who commit 2 or more gang crimes (one of which is a crime of violence, as defined in section 16 of title 18, United States Code) in 2 or more separate criminal episodes in relation to the group or association.

“(II) GANG CRIME.—The term ‘gang crime’ means conduct constituting any Federal or State crime, punishable by imprisonment for one year or more, in any of the following categories:

“(aa) A crime of violence (as defined in section 16 of title 18, United States Code).

“(bb) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary.

“(cc) A crime involving the manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

“(dd) Any conduct punishable under section 844 of title 18, United States Code (relating to explosive materials), subsection (d), (g)(1) (where the underlying conviction is a violent felony (as defined in section 924(e)(2)(B) of such title) or is a serious drug offense (as defined in section 924(e)(2)(A)), (i), (j), (k), (o), (p), (q), (u), or (x) of section 922 of such title (relating to unlawful acts), or subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 924 of such title (relating to penalties), section 930 of such title (relating to possession of firearms and dangerous weapons in Federal facilities), section 931 of such title (relating to purchase, ownership, or possession of body armor by violent felons), sections 1028 and 1029 of such title (relating to fraud and related activity in connection with identification documents or access devices), section 1952 of such title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 of such title (relating to the laundering of monetary instruments), section 1957 of such title (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 of such title (relating to interstate transportation of stolen motor vehicles or stolen property).

“(ee) Any conduct punishable under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose) of this Act.”.

(b) Deportable.—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) CRIMINAL STREET GANG PARTICIPATION.—

“(i) IN GENERAL.—Any alien is deportable who—

“(I) is a member of a criminal street gang and is convicted of committing, or conspiring, threatening, or attempting to commit, a gang crime; or

“(II) is determined by the Secretary of Homeland Security to be a member of a criminal street gang designated under section 219A.

“(ii) DEFINITIONS.—For purposes of this subparagraph, the terms ‘criminal street gang’ and ‘gang crime’ have the meaning given such terms in section 212(a)(2)(J)(ii).”.

(c) Designation of criminal street gangs.—

(1) IN GENERAL.—Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end the following:

Designation of criminal street gangs

“Sec. 219A. (a) Designation.—

“(1) IN GENERAL.—The Attorney General is authorized to designate a group or association as a criminal street gang in accordance with this subsection if the Attorney General finds that the group or association meets the criteria described in section 212(a)(2)(J)(ii)(I).

“(2) PROCEDURE.—

“(A) NOTICE.—

“(i) TO CONGRESSIONAL LEADERS.—Seven days before making a designation under this subsection, the Attorney General shall, by classified communication, notify the Speaker and minority leader of the House of Representatives, the President pro tempore, majority leader, and minority leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of the intent to designate a group or association under this subsection, together with the findings made under paragraph (1) with respect to that group or association, and the factual basis therefor.

“(ii) PUBLICATION IN FEDERAL REGISTER.—The Attorney shall publish the designation in the Federal Register seven days after providing the notification under clause (i).

“(B) EFFECT OF DESIGNATION.—

“(i) A designation under this subsection shall take effect upon publication under subparagraph (A)(ii).

“(ii) Any designation under this subsection shall cease to have effect upon an Act of Congress disapproving such designation.

“(3) RECORD.—In making a designation under this subsection, the Attorney General shall create an administrative record.

“(4) PERIOD OF DESIGNATION.—

“(A) IN GENERAL.—A designation under this subsection shall be effective for all purposes until revoked under paragraph (5) or (6) or set aside pursuant to subsection (b).

“(B) REVIEW OF DESIGNATION UPON PETITION.—

“(i) IN GENERAL.—The Attorney General shall review the designation of a criminal street gang under the procedures set forth in clauses (iii) and (iv) if the designated gang or association files a petition for revocation within the petition period described in clause (ii).

“(ii) PETITION PERIOD.—For purposes of clause (i)—

“(I) if the designated gang or association has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or

“(II) if the designated gang or association has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition.

“(iii) PROCEDURES.—Any criminal street gang that submits a petition for revocation under this subparagraph must provide evidence in that petition that the relevant circumstances described in paragraph (1) are sufficiently different from the circumstances that were the basis for the designation such that a revocation with respect to the gang is warranted.

“(iv) DETERMINATION.—

“(I) IN GENERAL.—Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Attorney General shall make a determination as to such revocation.

“(II) PUBLICATION OF DETERMINATION.—A determination made by the Attorney General under this clause shall be published in the Federal Register.

“(III) PROCEDURES.—Any revocation by the Attorney General shall be made in accordance with paragraph (6).

“(C) OTHER REVIEW OF DESIGNATION.—

“(i) IN GENERAL.—If in a 5-year period no review has taken place under subparagraph (B), the Attorney General shall review the designation of the criminal street gang in order to determine whether such designation should be revoked pursuant to paragraph (6).

“(ii) PROCEDURES.—If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Attorney General. The results of such review and the applicable procedures shall not be reviewable in any court.

“(iii) PUBLICATION OF RESULTS OF REVIEW.—The Attorney General shall publish any determination made pursuant to this subparagraph in the Federal Register.

“(5) REVOCATION BY ACT OF CONGRESS.—The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1).

“(6) REVOCATION BASED ON CHANGE IN CIRCUMSTANCES.—

“(A) IN GENERAL.—The Attorney General may revoke a designation made under paragraph (1) at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Attorney General finds that—

“(i) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation; or

“(ii) the national security of the United States warrants a revocation.

“(B) PROCEDURE.—The procedural requirements of paragraphs (2) and (3) shall apply to a revocation under this paragraph. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified.

“(7) EFFECT OF REVOCATION.—The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation.

“(8) USE OF DESIGNATION IN HEARING.—If a designation under this subsection has become effective under paragraph (2)(B) an alien in a removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection at any hearing.

“(b) Judicial review of designation.—

“(1) IN GENERAL.—Not later than 30 days after publication of the designation in the Federal Register, a group or association designated as a criminal street gang may seek judicial review of the designation in the United States Court of Appeals for the District of Columbia Circuit.

“(2) BASIS OF REVIEW.—Review under this subsection shall be based solely upon the administrative record.

“(3) SCOPE OF REVIEW.—The Court shall hold unlawful and set aside a designation the court finds to be—

“(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

“(B) contrary to constitutional right, power, privilege, or immunity;

“(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right;

“(D) lacking substantial support in the administrative record taken as a whole; or

“(E) not in accord with the procedures required by law.

“(4) JUDICIAL REVIEW INVOKED.—The pendency of an action for judicial review of a designation shall not affect the application of this section, unless the court issues a final order setting aside the designation.

“(c) Relevant committee defined.—As used in this section, the term ‘relevant committees’ means the Committees on the Judiciary of the House of Representatives and of the Senate.”.

(2) CLERICAL AMENDMENT.—The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 219 the following:


“Sec. 219A. Designation of criminal street gangs.”.

SEC. 212. Mandatory detention of suspected criminal street gang members.

(a) In general.—Section 236(c)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended—

(1) by inserting “or 212(a)(2)(J)” after “212(a)(3)(B)”; and

(2) by inserting “or 237(a)(2)(F)” before “237(a)(4)(B)”.

(b) Annual report.—Not later than March 1 of each year (beginning 1 year after the date of the enactment of this Act), the Secretary of Homeland Security, after consultation with the appropriate Federal agencies, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the number of aliens detained under the amendments made by subsection (a).

SEC. 213. Ineligibility from protection from removal and asylum.

(a) Inapplicability of restriction on removal to certain countries.—Section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the matter preceding clause (i), by inserting “who is described in section 212(a)(2)(J)(i) or section 237(a)(2)(F)(i) or who is” after “to an alien”.

(b) Ineligibility for asylum.—Section 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) is amended—

(1) in clause (v), by striking “or” at the end;

(2) by redesignating clause (vi) as clause (vii); and

(3) by inserting after clause (v) the following:

“(vi) the alien is described in section 212(a)(2)(J)(i) or section 237(a)(2)(F)(i) (relating to participation in criminal street gangs); or”.

(c) Denial of review of determination of ineligibility for temporary protected status.—Section 244(c)(2) of such Act (8 U.S.C. 1254(c)(2)) is amended by adding at the end the following:

“(C) LIMITATION ON JUDICIAL REVIEW.—There shall be no judicial review of any finding under subparagraph (B) that an alien is in described in section 208(b)(2)(A)(vi).”.

subtitle CMiscellaneous

SEC. 221. Federal affirmation of assistance in immigration law enforcement by States and political subdivisions of States.

(a) In General.—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 Congress.

(b) Construction.—Nothing in this section may be construed to require law enforcement personnel of a State or political subdivision of a State to—

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

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

SEC. 222. Financial assistance to State and local law enforcement agencies assisting with border security and enforcement of immigration laws.

(a) Grants for state and local law enforcement activities.—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 expenses described in subsection (c).

(b) Eligible recipients.—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 with border security missions and the enforcement of immigration laws of the United States in the course of carrying out such agency’s routine law enforcement duties.

(c) Authorized use of funds.—Funds received under this section may be used for the following:

(1) Costs of training associated with participation in programs described in section 287(g) of the immigration and nationality act (8 U.S.C. 1357(g)) under which certain officers or employees of the state or political subdivision are trained to perform certain functions of an immigration officer, including—

(A) costs of travel and transportation to locations where such training is provided, including mileage and related allowances for the use of a privately owned automobile;

(B) a daily per diem for lodging, meals, and other necessary expenses resulting from participation; and

(C) costs of securing temporary replacements for personnel traveling to, and participating in, such training.

(2) 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 related to these functions.

(d) GAO audit.—Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of funds distributed to States and political subdivisions of States under this section.

(e) Authorization of appropriations.—There are authorized to be appropriated for grants under this section $250,000,000 for each fiscal year.

SEC. 223. Expedited removal for aliens inadmissible on criminal or security grounds.

(a) In general.—Section 238(b) of the Immigration and Nationality Act (8 U.S.C. 1228(b)) is amended—

(1) in paragraph (1)—

(A) by striking “Attorney General” and inserting “Secretary of Homeland Security in the exercise of the Secretary’s discretion”; and

(B) by striking “set forth in this subsection or” and inserting “set forth in this subsection, in lieu of removal proceedings under”;

(2) in paragraph (3)—

(A) by striking “Attorney General” and inserting “Secretary of Homeland Security”; and

(B) by striking “paragraph (1) until 14 calendar days” and inserting “paragraph (1) or (3) until 7 calendar days”;

(3) in paragraph (4), by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”;

(4) in paragraph (5)—

(A) by striking “described in this section” and inserting “described in paragraph (1) or (2)”; and

(B) by striking “the Attorney General may grant in the Attorney General’s discretion” and inserting “the Secretary of Homeland Security or the Attorney General may grant, in the discretion of the Secretary or Attorney General, in any proceeding”;

(5) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and

(6) by inserting after paragraph (2) the following new paragraph:

“(3) The Secretary of Homeland Security, in the exercise of the Secretary’s discretion, may determine inadmissibility under section 212(a)(2) (relating to criminal offenses) and issue an order of removal pursuant to the procedures set forth in this subsection, in lieu of removal proceedings under section 240, with respect to an alien who—

“(A) has not been admitted or paroled;

“(B) has not been found to have a credible fear of persecution pursuant to the procedures set forth in section 235(b)(1)(B); and

“(C) is not eligible for a waiver of inadmissibility or relief from removal.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act but shall not apply to aliens who are in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) as of such date.

SEC. 224. Removing drunk drivers.

(a) In General.—101(a)(43)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(F)) is amended by inserting “, including a third drunk driving conviction, regardless of the States in which the convictions occurred, and regardless of whether the offenses are deemed to be misdemeanors or felonies under State or Federal law,” after “offense)”.

(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 convictions entered before, on, or after such date.

TITLE IIIEmployment eligibility verification
subtitle AIllegal Immigration Enforcement and Social Security Protection Act of 2007

SEC. 301. Short title.

This subtitle may be cited as the “Illegal Immigration Enforcement and Social Security Protection Act of 2007”.

SEC. 302. 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 Illegal Immigration Enforcement and Social Security Protection Act of 2007. 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 Act. 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 Act.

SEC. 303. 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 Basic Pilot Program into the operation and maintenance of the Database under subsection (a).

(c) Confidentiality.—

(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 Act; 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.

(4) CRIMINAL PENALTIES.—Whoever accesses or uses information in the Employment Eligibility Database without authority to do so, or for an unauthorized purpose, shall be fined under title 18, United States Code, imprisoned for a term of not less than 5, and not more than 7, years, or both.

(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 Act.

SEC. 304. Requirements relating to individuals commencing work in the United States.

(a) Requirements for employers, recruiters, and referrers.—Section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)(B)) is amended to read as follows:

“(B)(i)(I) to hire for employment in the United States an individual unless the person or entity requires the employee to display 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. Such presentation and 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; or(II) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act), to hire, or to recruit or refer for a fee, for employment in the United States an individual unless the person or entity requires the employee to display 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. Such presentation and 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.

“(ii) The verification procedures described in clause (i) 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 person or entity.

“(iii) The Secretary shall ensure that the phone verification system described in subclause (I) of clause (ii) is as secure and effective as the card-reader verification system described in subclause (II) of such clause.

“(iv) The Secretary shall ensure that, by means of such procedures, the person or entity will have such access to the Employment Eligibility Database established and operated by the Secretary pursuant to section 303 of the Secure Borders FIRST (For Integrity, Reform, Safety, and Anti-Terrorism) Act of 2007 as to enable the person or entity to obtain information, relating to the citizenship, residency, and work eligibility of the individual, which is necessary to inform the person or entity as to whether the individual is authorized to work in the United States.

“(v) A person or entity that establishes that the person or entity has complied in good faith with the requirements of this subparagraph with respect to the hiring, recruiting, or referral for employment of an alien in the United States shall not be liable for hiring an unauthorized alien, if—

“(I) such hiring, recruitment, or referral 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;

(2) in subsection (b)—

(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) Verification Forms.—

“(1) 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, recruiter, or referrer 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 ‘employee’ shall have the meaning given such term in section 210(j) of the Social Security Act (42 U.S.C. 410(j)).

“(C) 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 Act and shall apply to employment of any individual in any capacity commencing on or after such effective date.

SEC. 305. Compliance.

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

(1) in subsection (e)(4)—

(A) in subparagraph (A), in the matter before clause (i), by inserting “, subject to paragraphs (10) through (12),” after “in an amount”;

(B) in subparagraph (A)(i), by striking “not less than $250 and not more than $2,000” and inserting “not less than $5,000 and not more than $7,500”;

(C) in subparagraph (A)(ii), by striking “not less than $2,000 and not more than $5,000” and inserting “not less than $10,000 and not more than $15,000”;

(D) in subparagraph (A)(iii), by striking “not less than $3,000 and not more than $10,000” and inserting “not less than $25,000 and not more than $40,000”; and

(E) by amending subparagraph (B) to read as follows:

“(B) may require the person or entity to take such other remedial action as is appropriate.”;

(2) in subsection (e)(5)—

(A) by inserting “, subject to paragraphs (10) through (12),” after “in an amount”;

(B) by striking “$100” and inserting “$1,000”;

(C) by striking “$1,000” and inserting “$25,000”;

(D) by striking “the size of the business of the employer being charged, the good faith of the employer” and inserting “the good faith of the employer being charged”; and

(E) by adding at the end the following sentence: “Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A).”;

(3) by adding at the end of subsection (e) the following new paragraphs:

“(10) MITIGATION OF CIVIL MONEY PENALTIES FOR SMALLER EMPLOYERS.—In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of employment by an employer and in the case of imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring by an employer, the dollar amounts otherwise specified in the respective paragraph shall be reduced as follows:

“(A) In the case of an employer with an average of fewer than 26 full-time equivalent employees (as defined by the Secretary of Homeland Security), the amounts shall be reduced by 60 percent.

“(B) In the case of an employer with an average of at least 26, but fewer than 101, full-time equivalent employees (as so defined), the amounts shall be reduced by 40 percent.

“(C) In the case of an employer with an average of at least 101, but fewer than 251, full-time equivalent employees (as so defined), the amounts shall be reduced by 20 percent.

The last sentence of paragraph (4) shall apply under this paragraph in the same manner as it applies under such paragraph.

“(11) EXEMPTION FROM PENALTY FOR INITIAL GOOD FAITH VIOLATION.—In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring or recruitment or referral by a person or entity, the penalty otherwise imposed shall be waived if the violator establishes that it was the first such violation of such provision by the violator and the violator acted in good faith.

“(12) SAFE HARBOR FOR CONTRACTORS.—A person or other entity shall not be liable for a penalty under paragraph (4)(A) with respect to the violation of subsection (a)(1)(A), (a)(1)(B), or (a)(2) with respect to the hiring or continuation of employment of an unauthorized alien by a subcontractor of that person or entity unless the person or entity knew that the subcontractor hired or continued to employ such alien in violation of such subsection.”.

(4) by amending paragraph (1) of subsection (f) to read as follows:

“(1) CRIMINAL PENALTY.—Any person or entity which engages in a pattern or practice of violations of subsection (a)(1) or (2) shall be fined not more than $50,000 for each unauthorized alien with respect to which 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.”; and

(5) in subsection (f)(2), by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”.

SEC. 306. Authorizations of appropriations.

(a) Department of Homeland Security.—Except as otherwise provided in this subtitle, there are authorized to be appropriated to the Department of Homeland Security for each fiscal year beginning on or after October 1, 2007, such sums as may be necessary to carry out this subtitle and the amendments made by this subtitle, of which not less than $100,000,000 shall be for the purpose of carrying out section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)(B)), as amended by section 305 of this Act.

(b) Social Security Administration.—There are authorized to be appropriated to the Social Security Administration for each fiscal year beginning on or after October 1, 2007, such sums as are necessary to carry out the amendments made by section 302.

SEC. 307. Rules of construction.

(a) In General.—Nothing in this subtitle 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 subtitle and the amendments made by this subtitle; 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.

subtitle BEmployment Eligibility Verification and Anti-Identity Theft Act

SEC. 311. Short title.

This subtitle may be cited as the “Employment Eligibility Verification and Anti-Identity Theft Act”.

SEC. 312. Requiring agencies to send “no-match” letters.

(a) Social security administration.—The Commissioner of the Social Security Administration shall send a written notice to a person or entity each time that the combination of name and Social Security account number submitted by the person or entity for an individual does not match Social Security Administration records.

(b) Department of homeland security.—The Secretary of Homeland Security shall send a written notice to a person or entity each time that such Secretary determines that an immigration status document or employment authorization document presented or referenced by an individual during the process of completing the attestations required by the person or entity for employment eligibility verification was assigned to another person, or that there is no agency record that the document was assigned to any person.

SEC. 313. Requiring employers to take action upon receipt of a “no-match” letter.

Beginning on the date that is 6 months after the date of the enactment of this Act, a person or entity that has received a written notice under section 312 shall, within 3 business days of receiving such notice, verify the individual’s employment authorization and identity through the verification system established under section 314.

SEC. 314. Verification system.

Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Commissioner of the Social Security Administration, as appropriate, shall establish and administer a verification system through which persons or entities that have received written notice under section 312 shall verify an individual’s employment authorization and identity.

SEC. 315. Design and operation of system.

The verification system established under section 314 shall be designed and operated—

(1) to maximize its reliability and ease of use, consistent with insulating and protecting the privacy and security of the underlying information;

(2) to respond to all required inquiries under this subtitle regarding whether individuals are authorized to be employed and to register all times when such inquiries are not received;

(3) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; and

(4) to have reasonable safeguards against the system’s resulting in unlawful discriminatory practices based on national origin or citizenship status, including—

(A) the selective or unauthorized use of the system to verify eligibility;

(B) the use of the system prior to an offer of employment; or

(C) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants.

SEC. 316. Extension of time.

If a person or entity in good faith attempts to make an inquiry during the time period specified and the verification system established under section 314 has registered that not all inquiries were received during such time, the person or entity may make an inquiry on the first subsequent working day in which the verification system registers that it has received all inquiries. If the verification system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry.

SEC. 317. Retention of proof of verification completion.

After completion of the verification process established under section 314, a person or entity shall retain a paper, microfiche, microfilm, or electronic version of the form received through the verification process (or, in the case of a telephonic verification, a paper, microfiche, microfilm, or electronic record of the telephonic verification code number) and make it available for inspection by officers of the Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor for 3 years after the date on which the form or telephonic verification code number was received.

SEC. 318. Termination of employment.

(a) Burden on individual To resolve errors.—If a person or entity has received an initial nonverification regarding an individual from the verification system established under section 315, the person or entity shall notify the individual in writing within 1 business day of such receipt. In such notice, the person or entity shall advise the individual that the burden is on the individual to resolve any error in the verification mechanism not later than 30 days after the date on which the notice is issued. Such notice shall also state that the person or entity shall be required to verify once again the individual’s employment authorization and identity through the verification system established under section 315, and to terminate any employment in the United States, and any recruitment, hiring, or referral for employment in the United States, of the individual, if a final nonverification is received.

(b) Additional verification.—A person or entity that has issued a notice under subsection (a) shall, within 33 business days of such issuance, verify once again the individual’s employment authorization and identity through the verification system established under section 314. Sections 316 and 317 shall apply to such final verification in the same manner as such sections applied to the initial verification.

SEC. 319. Final verification.

(a) Within 7 days of receiving final nonverification for an individual, the person or entity issued a notice under section 312(a) of this Act shall provide the Commissioner of Social Security with a copy of such individual’s verification form as described in section 274A(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(3)) in addition to any other information regarding the last known name, address, and location of such individual.

(b) Within 3 business days of receiving such notification, the Commissioner of Social Security shall provide such information to the Secretary of Homeland Security.

SEC. 320. Employer violations.

A person or entity shall be considered to have violated section 274A(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)(A)) if the person or entity—

(1) continues to employ in the United States, or recruits, hires, or refers for employment in the United States, an individual after receiving a final nonverification regarding an individual from the verification system established under section 314; or

(2) otherwise fails to take an action required under this subtitle.

SEC. 321. Limitation on use.

(a) In general.—Notwithstanding any other provision of law, nothing in this subtitle shall be construed to permit or allow any department, bureau, or other agency of the United States Government to utilize any information, data base, or other records assembled under this subtitle for any other purpose other than as provided for under this subtitle.

(b) No national identification card.—Nothing in this subtitle shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.

SEC. 322. Federal Tort Claims Act remedy.

If an individual alleges that the individual would not have been dismissed from a job but for an error of the verification mechanism, the individual may seek compensation only through the mechanism of chapter 171 of title 28, United States Code (popularly known as the Federal Tort Claims Act), and injunctive relief to correct such error. No class action may be brought under this subtitle.

SEC. 323. Protection from liability for actions taken on the basis of information.

No person or entity shall be civilly or criminally liable for any action taken in good faith reliance on information provided through the employment eligibility verification mechanism established under this subtitle.

subtitle CNew IDEA (Illegal Deduction Elimination Act)

SEC. 331. Short title.

This subtitle may be cited as the “New IDEA (Illegal Deduction Elimination Act)”.

SEC. 332. Clarification that wages paid to unauthorized aliens may not be deducted from gross income.

(a) In general.—Subsection (c) of section 162 of the Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is amended by adding at the end the following new paragraph:

“(4) WAGES PAID TO OR ON BEHALF OF UNAUTHORIZED ALIENS.—

“(A) IN GENERAL.—No deduction shall be allowed under subsection (a) for any wage paid to or on behalf of an unauthorized alien, as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).

“(B) WAGES.—For the purposes of this paragraph, the term ‘wages’ means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash.

“(C) SAFE HARBOR.—If a person or other entity is participating in the basic pilot program described in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an employee, subparagraph (A) shall not apply with respect to wages paid to such employee.”.

(b) 6-year limitation on assessment and collection.—Subsection (c) of section 6501 of such Code (relating to exceptions) is amended by adding at the end the following new paragraph:

“(10) DEDUCTION CLAIMED FOR WAGES PAID TO UNAUTHORIZED ALIENS.—In the case of a return of tax on which a deduction is shown in violation of section 162(c)(4), any tax under chapter 1 may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed.”.

(c) Use of documentation for enforcement purposes.—Section 274A of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended—

(1) in subparagraph (b)(5), by inserting “, section 162(c)(4) of the Internal Revenue Code of 1986,” after “enforcement of this chapter”;

(2) in subparagraph (d)(2)(F), by inserting “, section 162(c)(4) of the Internal Revenue Code of 1986,” after “enforcement of this chapter”; and

(3) in subparagraph (d)(2)(G), by inserting “section 162(c)(4) of the Internal Revenue Code of 1986 or” after “or enforcement of”.

(d) Availability of information.—The Commissioner of Social Security shall make available to the Commissioner of Internal Revenue any information related to the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986, including any no-match letter and any information in the suspense earnings file.

(e) Effective date.—

(1) Except as provided in paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.

(2) The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 2007.

subtitle DImproved Security for Birth Certificates

SEC. 341. Definitions.

(a) Applicability of Definitions.—Except as otherwise specifically provided, the definitions contained in section 201 of the REAL ID Act of 2005 (division B of Public Law 109–13) apply to this subtitle.

(b) Other Definitions.—In this subtitle, the following definitions apply:

(1) BIRTH CERTIFICATE.—The term “birth certificate” means a certificate of birth—

(A) for an individual (regardless of where born)—

(i) who is a citizen or national of the United States at birth; and

(ii) whose birth is registered in the United States; and

(B) that—

(i) is issued by a Federal, State, or local government agency or authorized custodian of record and produced from birth records maintained by such agency or custodian of record; or

(ii) is an authenticated copy, issued by a Federal, State, or local government agency or authorized custodian of record, of an original certificate of birth issued by such agency or custodian of record.

(2) FULL LEGAL NAME.—The term “full legal name” means the complete name of the person, including the birth name as recorded in the state and or nation of birth, as applicable, and any suffixes or names appended through lawful action through marriage, adoption or lawful name change.

(3) REGISTRANT.—The term “registrant” means, with respect to a birth certificate, the person whose birth is registered on the certificate.

(4) STATE.—The term “State” has the the meaning given such term in section 201 of the REAL ID Act of 2005 (division B of Public Law 109–13), except that New York City shall be treated as a State separate from New York.

SEC. 342. Applicability of minimum standards to local governments.

The minimum standards in this subtitle 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.

SEC. 343. Minimum standards for Federal recognition.

(a) Minimum Standards for Federal Use.—

(1) 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.

(2) STATE CERTIFICATIONS.—The Secretary 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.

(b) 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 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. However, the Secretary shall require a minimum standard set of security features incorporated into birth certificates issued by all States, such as digital watermarks, so that validation of such security features can be affordably made be law enforcement officials, by motor vehicle administrators, and State and Federal officials.

(c) Minimum Issuance Standards.—

(1) 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:

(A) The name on the birth certificate.

(B) The date and location of the birth.

(C) The mother’s maiden name.

(D) Substantial proof of the requestor’s identity.

(E) Where available, authentication of identity through comparison with a biometric identifier.

(2) 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.

(3) ISSUANCE TO FAMILY MEMBERS.—Not later than one year after the date of the enactment of this Act, the Secretary, 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.

(4) WAIVERS.—A State may waive the requirements set forth in subparagraphs (A) through (C) of subsection (c)(1) in exceptional circumstances, such as the incapacitation of the registrant.

(5) 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.

(6) 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.

(d) 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:

(1) Establish and implement minimum building security standards for State and local vital record offices.

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

(3) Subject all persons with access to vital records to appropriate security clearance requirements.

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

(5) Establish and implement internal operating system standards for paper and for electronic systems.

(6) Establish a central electronic database that—

(A) is maintained in a physically secure environment so that unauthorized access can be prevented;

(B) is linked through the Electronic Verification of Vital Event System (EVVES) established under section 345 or an equivalent system to 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; and

(C) incorporates within its records, to ensure process integrity, the full legal name of any authorized requestor, the date of the request, and the relationship to the person whose birth is recorded on the birth certificate.

(7) Ensure that birth and death records are matched in a comprehensive and timely manner, and that all electronic birth records and paper birth certificates of decedents are marked “deceased”.

(8) Cooperate with the Secretary in the implementation of electronic verification of vital events under section 345.

SEC. 344. 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 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.

SEC. 345. Electronic verification of vital events.

(a) Lead Agency.—The Secretary shall lead the implementation of the Electronic Verification of Vital Events System for the purpose of verifying a person’s birth and death.

(b) Regulations.—In carrying out subsection (a), the Secretary shall issue regulations to establish a means by which authorized Federal and State agency users with a single interface will be able to generate an electronic query to any participating vital records jurisdiction throughout the Nation to verify the contents of a paper birth certificate. Pursuant to the regulations, an electronic response from the participating vital records jurisdiction as to whether there is a birth record in their database that matches the paper birth certificate will be returned to the user, along with an indication if the matching birth record has been flagged “deceased”. The regulations shall take effect not later than 5 years after the date of the enactment of this Act.

SEC. 346. Grants to States.

(a) In General.—The Secretary is authorized to award grants to States to modernize State birth and death certificate records and otherwise to satisfy the requirements of this subtitle. On an expedited basis, the Secretary shall award grants or contracts for the purpose of improving the accuracy and electronic availability of States’ records of births, deaths, and of other records necessary for implementation of the Electronic Verification of Vital Events System established in section 345, and as otherwise necessary to advance the purposes of this subtitle.

(b) Regulation compliance.—A State that does fails to certify the State’s intent to comply with the regulations issued to implement this subtitle not later than December 31, 2013, or that does not submit a compliance plan acceptable to the Secretary is not eligible for a grant under subsection (a).

(c) Duration.—Grants may be awarded under this section during fiscal years 2008 through 2012.

(d) Eligible recipients.—If the Secretary of Homeland Security determines that compliance with this subtitle can best be achieved by awarding grants or contracts to a State, a group of States, a government agency, a chartered nonprofit organization, or a private entity, the Secretary may utilize funds under this section to award such grants or contracts.

(e) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary for each of the fiscal years 2008 through 2012 such sums as may be necessary to carry out this chapter.

SEC. 347. Authority.

(a) Participation With Federal Agencies and States.—All authority to issue regulations, certify standards, and issue grants under this chapter shall be carried out by the Secretary, with the concurrence of the Secretary of Health and Human Services and in consultation with State vital statistics offices and appropriate Federal agencies.

(b) Extensions of Deadlines.—The Secretary may grant to a State an extension of time to meet the requirements of section 329(a)(1) if the State provides adequate justification for noncompliance.

SEC. 348. Repeal.

Section 7211 of Public Law 108–458 is repealed.

subtitle EStop the Misuse of ITINs Act of 2007

SEC. 351. Short title.

This subtitle may be cited as the “Stop the Misuse of ITINs Act of 2007”.

SEC. 352. Notification of employment status of individuals not authorized to work in the United States.

(a) In general.—Subsection (i) of section 6103 of the Internal Revenue Code of 1986 (relating to confidentiality and disclosure of returns and return information) is amended by adding at the end the following new paragraph:

“(9) DISCLOSURE TO SECRETARY OF HOMELAND SECURITY OF EMPLOYMENT INFORMATION OF EMPLOYEES NOT AUTHORIZED TO BE EMPLOYED IN UNITED STATES.—

“(A) IN GENERAL.—If—

“(i) the Secretary receives a return from any person or entity (hereafter in this paragraph referred to as the ‘employer’) showing wages (as defined in section 3121(a)) paid to any employee, and

“(ii) the TIN of such employee, as shown on such return, indicates that such employee is not authorized to be employed in the United States,

the Secretary shall provide electronically to the Secretary of Homeland Security the following information as shown on such return: the name, address, and TIN of such employee and the name, address, and employer identification number of the employer.

“(B) NOTICE TO EMPLOYER AND EMPLOYEE.—Whenever the Secretary sends a notice under subparagraph (A) with respect to any employer and employee, the Secretary also shall notify the employer and the employee in writing that such employee is not authorized to be employed in the United States and that the employee’s employment with the employer should be terminated not later than the 30th day after the date of the notice. Such notice shall also describe—

“(i) the employer’s obligations under this paragraph,

“(ii) the employee’s right under this paragraph to contest the determination that the employee is not authorized to be employed in the United States, and

“(iii) the procedure under this paragraph for contesting such determination.

“(C) EMPLOYEE’S RIGHT TO CONTEST.—

“(i) NOTICE TO EMPLOYEE.—If any employer receives such a notice from the Secretary with respect to an employee, the employer shall, within 3 business days after the date the employer received such notice, provide a copy of such notice to the employee.

“(ii) RIGHT TO CONTEST.—An employee may contest the accuracy of such notice during the 30-day period beginning on the date that the employer provided the notice under clause (i) to the employee.

“(iii) CONTEST PROCEDURE.—If, during such 30-day period, the employee provides the employer with information substantiating such employee’s claimed authorization to be employed in the United States, the employer shall, in such form and manner as the Secretary shall prescribe, provide to the Secretary—

“(I) the employee’s name, address, and taxpayer identification number,

“(II) the employer’s name, address, telephone number, and employer identification number, and

“(III) the information provided by the employee to the employer substantiating such employee’s authorization to be employed in the United States.

“(D) VERIFICATION FROM DEPARTMENT OF HOMELAND SECURITY.—

“(i) TRANSMITTAL OF INQUIRY.—Within 3 business days after receiving the information described in subparagraph (C)(iii), the Secretary shall provide such information electronically to the Secretary of Homeland Security.

“(ii) RESPONSE.—Within 7 business days after receiving such information, the Secretary of Homeland Security shall electronically notify the Secretary, and shall notify the employer and employee in writing, as to whether the employee is authorized to be employed in the United States.

“(E) SUSPENSION OF OBLIGATION TO TERMINATE EMPLOYMENT UNTIL RESPONSE RECEIVED.—

“(i) IN GENERAL.—Except as provided in clause (ii), if the employee meets the requirement of subparagraph (C)(iii), the employer’s obligation to terminate the employment of such employee shall be suspended until the employer receives the notice described in subparagraph (D)(ii).

“(ii) TIMELY RESPONSE NOT RECEIVED.—If the employer does not receive such notice before the 30th day after the close such 30-day period, the employer shall so notify the Secretary.

“(F) REBUTTABLE PRESUMPTION OF VIOLATION OF THE IMMIGRATION AND NATIONALITY ACT.—

“(i) IN GENERAL.—A rebuttable presumption is created that the employer has violated section 274A(a)(1)(A) of the Immigration and Nationality Act if—

“(I) the employer employs an individual with respect to whom a notice is received under subparagraph (B) after the 30 days described in such subparagraph,

“(II) the employer fails to notify the Secretary as required by subparagraph (E)(ii) and employs such individual, or

“(III) the employer refers the individual for employment after receiving a notice under subparagraph (B) with respect to such individual.

“(ii) EXCEPTIONS.—

“(I) SUSPENSION PERIOD.—Clause (i)(I) shall not apply during the suspension period described in subparagraph (E)(i).

“(II) NOTICE FROM SECRETARY OF HOMELAND SECURITY.—Clause (i) shall cease to apply with respect to an individual after the date that the employer is notified by the Secretary of Homeland Security that such individual is authorized to be employed in the United States.

“(G) REFUNDS DENIED.—No refund of any tax imposed by this shall be made to any individual for any taxable year during any portion of which such individual is employed in the United States without being authorized to be so employed.

“(H) SPECIAL RULES.—

“(i) PROTECTION FROM LIABILITY.—No employer shall be civilly or criminally liable under any law for any action taken in good faith reliance on information provided by the Secretary or the Secretary of Homeland Security with respect to any individual’s eligibility to be employed in the United States.

“(ii) TIMELY MAILING TREATED AS TIMELY NOTICE.—Rules similar to the rules of section 7502 shall apply for purposes of this section.

“(iii) LAST KNOWN ADDRESS OF EMPLOYEE.—Any notice required to be provided to an employee under this section shall be sufficient if mailed to the employee at the last known address of the employee.”.

(b) Conforming amendment.—Paragraph (4) of section 6103(p) of such Code is amended by striking “(5) or (7)” each place it appears and inserting “(5), (7), or (9)”.

(c) Effective date.—The amendments made by this section shall apply to returns received more than 180 days after the date of the enactment of this Act.

subtitle FMiscellaneous

SEC. 361. Sharing of social security data for immigration enforcement purposes.

(a) Social security account numbers.—Section 264(f) of the Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended to read as follows:

“(f) Notwithstanding any other provision of law (including section 6103 of the Internal Revenue Code of 1986), the Secretary of Homeland Security, the Secretary of Labor, and the Attorney General are authorized to require an individual to provide the individual’s social security account number for purposes of inclusion in any record of the individual maintained by either such Secretary or the Attorney General, or of inclusion in any application, document, or form provided under or required by the immigration laws.”.

(b) Exchange of information.—Section 290(c) of the Immigration and Nationality Act (8 U.S.C. 1360(c)) is amended by striking paragraph (2) and inserting the following new paragraphs:

“(2)(A) Notwithstanding any other provision of law (including section 6103 of the Internal Revenue Code of 1986), if earnings are reported on or after January 1, 1997, to the Social Security Administration on a social security account number issued to an alien not authorized to work in the United States, the Commissioner of Social Security shall provide the Secretary of Homeland Security with information regarding the name, date of birth, and address of the alien, the name and address of the person reporting the earnings, and the amount of the earnings.

“(B) The information described in subparagraph (A) shall be provided in an electronic form agreed upon by the Commissioner and the Secretary.

“(3)(A) Notwithstanding any other provision of law (including section 6103 of the Internal Revenue Code of 1986), if a social security account number was used with multiple names, the Commissioner of Social Security shall provide the Secretary of Homeland Security with information regarding the name, date of birth, and address of each individual who used that social security account number, and the name and address of the person reporting the earnings for each individual who used that social security account number.

“(B) The information described in subparagraph (A) shall be provided in an electronic form agreed upon by the Commissioner and the Secretary for the sole purpose of enforcing the immigration laws.

“(C) The Secretary, in consultation with the Commissioner, may limit or modify the requirements of this paragraph, as appropriate, to identify the cases posing the highest possibility of fraudulent use of social security account numbers related to violation of the immigration laws.

“(4)(A) Notwithstanding any other provision of law (including section 6103 of the Internal Revenue Code of 1986), if more than one person reports earnings for an individual during a single tax year, the Commissioner of Social Security shall provide the Secretary of Homeland Security information regarding the name, date of birth, and address of the individual, and the name and address of the each person reporting earnings for that individual.

“(B) The information described in subparagraph (A) shall be provided in an electronic form agreed upon by the Commissioner and the Secretary for the sole purpose of enforcing the immigration laws.

“(C) The Secretary, in consultation with the Commissioner, may limit or modify the requirements of this paragraph, as appropriate, to identify the cases posing the highest possibility of fraudulent use of social security account numbers related to violation of the immigration laws.

“(5)(A) The Commissioner of Social Security shall perform, at the request of the Secretary of Homeland Security, a search or manipulation of records held by the Commissioner if the Secretary certifies that the purpose of the search or manipulation is to obtain information that is likely to assist in identifying individuals (and their employers) who are using false names or social security account numbers, who are sharing a single valid name and social security account number among multiple individuals, who are using the social security account number of a person who is deceased, too young to work, or not authorized to work, or who are otherwise engaged in a violation of the immigration laws. The Commissioner shall provide the results of such search or manipulation to the Secretary, notwithstanding any other provision law (including section 6103 of the Internal Revenue Code of 1986).

“(B) The Secretary shall transfer to the Commissioner the funds necessary to cover the costs directly incurred by the Commissioner in carrying out each search or manipulation requested by the Secretary under subparagraph (A).”.

(c) False claims of citizenship by nationals of the United States.—Section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)(I)) is amended by inserting “or national” after “citizen”.

SEC. 362. Additional worksite enforcement and fraud detection agents.

(a) Worksite enforcement.—The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, annually increase, by not fewer than 2,000, the number of positions dedicated to enforcing compliance with sections 274 and 274A of the Immigration and Nationality Act (8 U.S.C. 1324 and 1324a) during the five year period beginning on October 1, 2008.

(b) Fraud detection.—The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not fewer than 1,000 the number of positions for Immigration Enforcement Agents dedicated to immigration fraud detection during the five year period beginning on October 1, 2008.

(c) Authorization of appropriations.—There are authorized to be appropriated to the Secretary of Homeland Security for each of fiscal years 2008 through 2012 such sums as may be necessary to carry out this section.

TITLE IVTemporary Agricultural Worker Program

SEC. 401. Admission of temporary H–2A workers.

(a) Procedure for admission.—Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended to read as follows:

Admission of temporary H–2A workers

“Sec. 218. (a) Definitions.—In this section:

“(1) AREA OF EMPLOYMENT.—The term ‘area of employment’ means the area within normal commuting distance of the worksite or physical location where the work of the H–2A worker is or will be performed. If such work site or location is within a Metropolitan Statistical Area, any place within such area shall be considered to be within the area of employment.

“(2) DISPLACE.—The term ‘displace’ means to lay off a worker from a job that is essentially equivalent to the job for which an H–2A worker is sought. A job shall not be considered to be ‘essentially equivalent’ to another job unless the job—

“(A) involves essentially the same responsibilities as such other job;

“(B) was held by a United States worker with substantially equivalent qualifications and experience; and

“(C) is located in the same area of employment as the other job.

“(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’ means an individual who is not an unauthorized alien (as defined in section 274A(h)(3)) with respect to the employment of the individual.

“(4) EMPLOYER.—The term ‘employer’ means an employer who hires workers to perform agricultural employment.

“(5) H–2A WORKER.—The term ‘H–2A worker’ means a nonimmigrant described in section 101(a)(15)(H)(ii)(a).

“(6) LAY OFF.—

“(A) IN GENERAL.—The term ‘lay off’—

“(i) means to cause a worker’s loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other than a temporary employment contract entered into in order to evade a condition described in paragraph (3) or (7) of subsection (b)); and

“(ii) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer (or, in the case of a placement of a worker with another employer under subsection (h)(2), with either employer described in such subsection) at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer.

“(B) CONSTRUCTION.—Nothing in this paragraph is intended to limit an employee’s rights under a collective bargaining agreement or other employment contract.

“(7) PREVAILING WAGE.—The term ‘prevailing wage’ means the wage rate that includes the 51st percentile of employees with similar experience and qualifications in the agricultural occupation in the area of intended employment, calculated using the same methodology used by the Department of Labor to determine prevailing wage for the purpose of the program described in section 101(a)(15)(H)(ii)(b) during 2007, and expressed in terms of the prevailing method of pay for the occupation in the area of intended employment.

“(8) UNITED STATES WORKER.—The term ‘United States worker’ means any worker who is—

“(A) a national of the United States; or

“(B) a person admitted for permanent resident status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255).

“(b) Petition.—An alien may not be admitted as an H–2A worker unless an employer has filed with the Secretary of Homeland Security a petition attesting to the following:

“(1) TEMPORARY WORK OR SERVICES.—

“(A) IN GENERAL.—The employer is seeking to employ a specific number of agricultural workers on a temporary basis and will provide compensation to such workers at a specified wage rate and under specified conditions.

“(B) DEFINITION.—For purposes of this paragraph, a worker is employed on a temporary basis if the employer intends to employ the worker for no longer than 10 months during any contract period.

“(2) BENEFITS, WAGES, AND WORKING CONDITIONS.—The employer will provide, at a minimum, the benefits, wages, and working conditions required by subsection (j) to all workers employed in the jobs for which the H–2A worker is sought and to all other temporary workers in the same occupation at the place of employment.

“(3) NONDISPLACEMENT OF UNITED STATES WORKERS.—The employer did not displace and will not displace a United States worker employed by the employer during the period of employment of the H–2A worker and during the 30-day period immediately preceding such period of employment in the occupation at the place of employment for which the employer seeks approval to employ H–2A workers.

“(4) RECRUITMENT.—

“(A) IN GENERAL.—The employer—

“(i) conducted adequate recruitment in the area of intended employment before filing the attestation; and

“(ii) was unsuccessful in locating a qualified United States worker for the job opportunity for which the H–2A worker is sought.

“(B) OTHER REQUIREMENTS.—The recruitment requirement under subparagraph (A) is satisfied if the employer places—

“(i) a local job order with the State workforce agency serving the local area where the work will be performed, except that nothing in this clause shall require the employer to file an interstate job order under section 653 of title 20, Code of Federal Regulations; and

“(ii) a Sunday advertisement in a newspaper of general circulation in the area of intended employment.

“(C) ADVERTISEMENT REQUIREMENT.—The advertisement requirement under subparagraph (B)(ii) is satisfied if the advertisement—

“(i) names the employer;

“(ii) directs applicants to contact the employer;

“(iii) provides a description of the vacancy that is specific enough to apprise United States workers of the job opportunity for which certification is sought;

“(iv) describes the geographic area with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job; and

“(v) states the rate of pay, which shall not be less than the wage paid for the occupation in the area of intended employment.

“(D) END OF RECRUITMENT REQUIREMENT.—The requirement to recruit United States workers shall terminate on the first day of the contract period that work begins.

“(5) OFFERS TO UNITED STATES WORKERS.—The employer has offered or will offer the job for which the H–2A worker is sought to any eligible United States worker who—

“(A) applies;

“(B) is qualified for the job; and

“(C) will be available at the time and place of need.

“(6) PROVISION OF INSURANCE.—If the job for which the H–2A worker is sought is not covered by State workers’ compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of, and in the course of, the worker’s employment, which will provide benefits at least equal to those provided under the State workers’ compensation law for comparable employment.

“(7) REQUIREMENTS FOR PLACEMENT OF H–2A WORKERS WITH OTHER EMPLOYERS.—A nonimmigrant who is admitted into the United States as an H–2A worker may be transferred to another employer that has certified to the Secretary of Homeland Security that it has filed a petition under this subsection and is in compliance with this section. The Secretary of Homeland Security shall establish a process for the approval and reissuance of visas for such transferred H–2A workers as necessary.

“(8) STRIKE OR LOCKOUT.—There is not a strike or lockout in the course of a labor dispute which, under regulations promulgated by the Secretary of Labor, precludes the hiring of H–2A workers.

“(9) PREVIOUS VIOLATIONS.—The employer has not, during the previous two-year period, employed H–2A workers and knowingly violated a material term or condition of approval with respect to the employment of domestic or nonimmigrant workers, as determined by the Secretary of Labor after notice and opportunity for a hearing.

“(c) Public examination.—Not later than 1 working day after the date on which a petition under this section is filed, the employer shall make a copy of each such petition available for public examination, at the employer’s principal place of business or worksite.

“(d) List.—

“(1) IN GENERAL.—The Secretary of Homeland Security shall maintain a list of the petitions filed under subsection (b), which shall—

“(A) be sorted by employer; and

“(B) include the number of H–2A workers sought, the wage rate, the period of intended employment, and the date of need for each alien.

“(2) AVAILABILITY.—The Secretary of Homeland Security shall, at least monthly, submit a copy of the list described in paragraph (1) to the Secretary of Labor, who shall make the list available for public examination.

“(e) Petitioning for admission.—

“(1) IN GENERAL.—An employer, or an association acting as an agent or joint employer for its members, that seeks the admission into the United States of an H–2A worker shall file with the Secretary of Homeland Security a petition that includes the attestations described in subsection (b).

“(2) CONSIDERATION OF PETITIONS.—For each petition filed and considered under this subsection—

“(A) the Secretary of Homeland Security may not require such petition to be filed more than 28 days before the first date the employer requires the labor or services of the H–2A worker; and

“(B) unless the Secretary of Homeland Security determines that the petition is incomplete or obviously inaccurate, the Secretary, not later than 7 days after the date on which such petition was filed, shall either approve or reject the petition.

“(3) EXPEDITED ADJUDICATION.—The Secretary of Homeland Security shall—

“(A) establish a procedure for expedited adjudication of petitions filed under this subsection; and

“(B) not later than 7 working days after such filing, transmit, by fax, cable, or other means assuring expedited delivery, a copy of notice of action on the petition—

“(i) in the case of approved petitions, to the petitioner, the Secretary of Labor, and to the appropriate immigration officer at the port of entry or United States consulate where the petitioner has indicated that the alien beneficiary or beneficiaries will apply for a visa or admission to the United States; and

“(ii) in the case of denied petitions, to the petitioner, including reasons for the denial and instructions on how to appeal such denial.

“(4) PETITION AGREEMENTS.—By filing an H–2A petition, a petitioner and each employer consents to allow access to the site where the labor is being performed to the Department of Labor, the Department of Homeland Security, or a State agency for the purpose of investigations to determine compliance with H–2A requirements.

“(f) Roles of agricultural associations.—

“(1) PERMITTING FILING BY AGRICULTURAL ASSOCIATIONS.—A petition to hire an alien as a temporary agricultural worker may be filed by an association of agricultural employers which use agricultural services.

“(2) TREATMENT OF ASSOCIATIONS ACTING AS EMPLOYERS.—If an association is a joint or sole employer of temporary agricultural workers, such workers may be transferred among its members to perform agricultural services of a temporary nature for which the petition was approved.

“(3) TREATMENT OF VIOLATIONS.—

“(A) INDIVIDUAL MEMBER.—If an individual member of a joint employer association violates any condition for approval with respect to the member’s petition, the Secretary of Homeland Security shall deny such petition only with respect to that member of the association unless the Secretary of Labor determines that the association or other member participated in, had knowledge of, or had reason to know of the violation.

“(B) ASSOCIATION OF AGRICULTURAL EMPLOYERS.—

“(i) JOINT EMPLOYER.—If an association representing agricultural employers as a joint employer violates any condition for approval with respect to the association’s petition, the Secretary of Homeland Security shall deny such petition only with respect to the association and may not apply the denial to any individual member of the association, unless the Secretary of Labor determines that the member participated in, had knowledge of, or had reason to know of the violation.

“(ii) SOLE EMPLOYER.—If an association of agricultural employers approved as a sole employer violates any condition for approval with respect to the association’s petition, no individual member of such association may be the beneficiary of the services of temporary alien agricultural workers admitted under this section in the occupation in which such aliens were employed by the association which was denied approval during the period such denial is in force, unless such member employs such aliens in the occupation in question directly or through an association which is a joint employer of such workers with the member.

“(g) Expedited administrative appeals.—The Secretary of Homeland Security shall promulgate regulations to provide for an expedited procedure—

“(1) for the review of a denial of a petition under this section by the Secretary; or

“(2) at the petitioner’s request, for a de novo administrative hearing respecting the denial.

“(h) Miscellaneous provisions.—

“(1) ENDORSEMENT OF DOCUMENTS.—The Secretary of Homeland Security shall provide for the endorsement of entry and exit documents of H–2A workers as may be necessary to carry out this section and to provide notice for purposes of section 274A.

“(2) PREEMPTION OF STATE LAWS.—The provisions of subsections (a) and (c) of section 214 and the provisions of this section preempt any State or local law regulating admissibility of nonimmigrant workers.

“(3) FEES.—

“(A) IN GENERAL.—The Secretary of Homeland Security may require, as a condition of approving the petition, the payment of a fee, in accordance with subparagraph (B), to recover the reasonable cost of processing petitions.

“(B) FEE BY TYPE OF EMPLOYEE.—

“(i) SINGLE EMPLOYER.—An employer whose petition for temporary alien agricultural workers is approved shall, for each approved petition, pay a fee that—

“(I) subject to subclause (II), is equal to $100 plus $10 for each approved H–2A worker; and

“(II) does not exceed $1,000.

“(ii) ASSOCIATION.—Each employer-member of a joint employer association whose petition for H–2A workers is approved shall, for each such approved petition, pay a fee that—

“(I) subject to subclause (II), is equal to $100 plus $10 for each approved H–2A worker; and

“(II) does not exceed $1,000.

“(iii) LIMITATION ON ASSOCIATION FEES.—A joint employer association under clause (ii) shall not be charged a separate fee.

“(C) METHOD OF PAYMENT.—The fees collected under this paragraph shall be paid by check or money order to the Department of Homeland Security. In the case of employers of H–2A workers that are members of a joint employer association petitioning applying on their behalf, the aggregate fees for all employers of H–2A workers under the petition may be paid by 1 check or money order.

“(4) EMPLOYMENT VERIFICATION PROGRAM.—

“(A) IN GENERAL.—Not later than 12 months after the date of enactment of this paragraph, the Secretary of Homeland Security shall establish a mandatory employment verification program for all employers of H–2A workers to verify the eligibility of all individuals hired by each such employer, including those who present an H–2A visa to work in the United States.

“(B) EMPLOYER COMPLIANCE.—Each employer of an H–2A worker shall comply with the requirements promulgated by the Secretary of Homeland Security to verify the identity and employment eligibility of all individuals hired.

“(C) REGULATIONS.—In carrying out the program under this paragraph, the Secretary of Homeland Security shall promulgate regulations to require each employer to verify the employment eligibility of each employee hired through—

“(i) a secure Internet site;

“(ii) a machine capable of reading the H–2A visa, which shall serve as the identification and employment eligibility document for each H–2A alien; or

“(iii) a toll-free telephone number to check the accuracy of any social security number presented to the employer.

“(i) Enforcement.—

“(1) INVESTIGATIONS AND AUDITS.—The Secretary of Labor shall be responsible for conducting investigations and random audits of employer work sites to ensure compliance with the requirements of the H–2A program and all other requirements under this Act. All monetary fines levied against violating employers shall be paid to the Department of Labor and used to enhance the Department of Labor's investigatory and auditing power.

“(2) FAILURE TO MEET CONDITIONS.—If the Secretary of Labor finds, after notice and opportunity for a hearing, a failure to meet a condition of subsection (a), or a material misrepresentation of fact in a petition under subsection (a)—

“(A) the Secretary of Labor—

“(i) shall notify the Secretary of Homeland Security of such finding; and

“(ii) may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $1,000 per violation) as the Secretary of Labor determines to be appropriate; and

“(B) the Secretary of Homeland Security may disqualify the employer from the employment of H–2A workers for a period of 1 year.

“(3) PENALTIES FOR WILLFUL FAILURE.—If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure to meet a material condition of subsection (a), or a willful misrepresentation of a material fact in a petition under subsection (a)—

“(A) the Secretary of Labor—

“(i) shall notify the Secretary of Homeland Security of such finding; and

“(ii) may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $5,000 per violation) as the Secretary of Labor determines to be appropriate;

“(B) the Secretary of Homeland Security may—

“(i) disqualify the employer from the employment of H–2A workers for a period of 2 years;

“(ii) for a second violation, the Secretary of Homeland Security may disqualify the employer from the employment of H–2A workers for a period of 5 years; and

“(iii) for a third violation, the Secretary of Homeland Security may permanently disqualify the employer from the employment of H–2A workers.

“(4) PENALTIES FOR DISPLACEMENT OF UNITED STATES WORKERS.—If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure to meet a material condition of subsection (a) or a willful misrepresentation of a material fact in a petition under subsection (a), in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer during the period of employment on the employer's petition under subsection (a) or during the period of 30 days preceding such period of employment—

“(A) the Secretary of Labor—

“(i) shall notify the Secretary of Homeland Security of such finding; and

“(ii) may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $15,000 per violation) as the Secretary of Labor determines to be appropriate; and

“(B) the Secretary of Homeland Security may—

“(i) disqualify the employer from the employment of H–2A workers for a period of 5 years; and

“(ii) for a second violation, permanently disqualify the employer from the employment of H–2A workers.

“(5) LIMITATIONS ON CIVIL MONEY PENALTIES.—The Secretary of Labor may not impose total civil money penalties with respect to a petition under subsection (b) in excess of $90,000.

“(j) Failure To pay wages or required benefits.—

“(1) ASSESSMENT.—If the Secretary of Labor finds, after notice and opportunity for a hearing, that the employer has failed to pay the wages, transportation, subsistence reimbursement, or guarantee of employment attested by the employer under subsection (b)(2), the Secretary of Labor shall assess payment of back wages, or other required benefits, due any United States worker or H–2A worker employed by the employer in the specific employment in question.

“(2) AMOUNT.—The back wages or other required benefits described in paragraph (1)—

“(A) shall be equal to the difference between the amount that should have been paid and the amount that was paid to such worker; and

“(B) shall be distributed to the worker to whom such wages are due.

“(k) Minimum wages, benefits, and working conditions.—

“(1) PREFERENTIAL TREATMENT OF ALIENS PROHIBITED.—

“(A) IN GENERAL.—Each employer seeking to hire United States workers shall offer such workers not less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to H–2A workers. No job offer may impose on United States workers any restrictions or obligations which will not be imposed on the employer’s H–2A workers.

“(B) INTERPRETATION.—Every interpretation and determination made under this section or under any other law, regulation, or interpretative provision regarding the nature, scope, and timing of the provision of these and any other benefits, wages, and other terms and conditions of employment shall be made so that—

“(i) the services of workers to their employers and the employment opportunities afforded to workers by the employers, including those employment opportunities that require United States workers or H–2A workers to travel or relocate in order to accept or perform employment—

“(I) mutually benefit such workers, as well as their families, and employers; and

“(II) principally benefit neither employer nor employee; and

“(ii) employment opportunities within the United States benefit the United States economy.

“(2) REQUIRED WAGES.—

“(A) IN GENERAL.—Each employer petitioning for workers under subsection (b) shall pay not less than the greater of—

“(i) the prevailing wage to all workers in the occupation for which the employer has petitioned for workers; or

“(ii) the applicable State minimum wage.

“(B) DETERMINATION OF WAGES.—An employer seeking to comply with subparagraph (A) may—

“(i) request and obtain a prevailing wage determination from the State employment agency; or

“(ii) rely on other wage information, including a survey of the prevailing wages of workers in the occupation in the area of employment that has been conducted or funded by the employer or a group of employers, using the methodology used by the Secretary of Labor to establish Occupational Employment and Wage estimate, or another methodology approved by the Secretary of Labor for the purpose of determining H–2A wages.

“(C) COMPLIANCE.—An employer shall be considered to have complied with the requirement under subparagraph (A) if the employer—

“(i)(I) obtains a prevailing wage determination under subparagraph (C)(i); or

“(II) relies on a qualifying survey of prevailing wages; and

“(ii) pays such prevailing wage.

“(3) REIMBURSEMENT OF TRANSPORTATION COSTS.—

“(A) REQUIREMENT FOR REIMBURSEMENT.—An H–2A worker who completes 50 percent of the period of employment of the job for which the worker was hired, beginning on the first day of such employment, shall be reimbursed by the employer for the cost of the worker’s transportation and subsistence from—

“(i) the place from which the H–2A worker was approved to enter the United States to the location at which the work for the employer is performed; or

“(ii) if the H–2A worker traveled from a place in the United States at which the H–2A worker was last employed, from such place of last employment to the location at which the work for the employer is performed.

“(B) TIMING OF REIMBURSEMENT.—Reimbursement to the worker of expenses for the cost of the worker’s transportation and subsistence to the place of employment under subparagraph (A) shall be considered timely if such reimbursement is made not later than the worker’s first regular payday after a worker completes 50 percent of the period of employment of the job opportunity as provided under this paragraph.

“(C) ADDITIONAL REIMBURSEMENT.—A worker who completes the period of employment for the job opportunity involved shall be reimbursed by the employer for the cost of the worker’s transportation and subsistence from the work site to the place where the worker was approved to enter the United States to work for the employer. If the worker has contracted with a subsequent employer, the previous and subsequent employer shall share the cost of the worker’s transportation and subsistence from work site to work site.

“(D) LIMITATION.—

“(i) AMOUNT OF REIMBURSEMENT.—The amount of reimbursement provided to a worker or alien under this paragraph shall be equal to the lesser of—

“(I) the actual cost to the worker or alien of the transportation and subsistence involved; or

“(II) the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved.

“(ii) DISTANCE TRAVELED.—No reimbursement under subparagraph (A) or (B) shall be required if the distance traveled is 100 miles or less.

“(E) REIMBURSEMENT FOR LAID OFF WORKERS.—If the worker is laid off or employment is terminated for contract impossibility (as described in paragraph (5)(D)) before the anticipated ending date of employment, the employer shall provide—

“(i) the transportation and subsistence required under subparagraph (C); and

“(ii) notwithstanding whether the worker has completed 50 percent of the period of employment, the transportation reimbursement required under subparagraph (A).

“(F) CONSTRUCTION.—Nothing in this paragraph shall be construed to require an employer to reimburse visa, passport, consular, or international bordercrossing fees or any other fees associated with the H–2A worker’s lawful admission into the United States to perform employment that may be incurred by the worker.

“(4) EMPLOYMENT GUARANTEE.—

“(A) IN GENERAL.—

“(i) REQUIREMENT.—Each employer petitioning for workers under subsection (b) shall guarantee to offer the worker employment for the hourly equivalent of not less than 75 percent of the work hours during the total anticipated period of employment, beginning with the first work day after the arrival of the worker at the place of employment and ending on the expiration date specified in the job offer.

“(ii) FAILURE TO MEET GUARANTEE.—If the employer affords the United States worker or the H–2A worker less employment than that required under this subparagraph, the employer shall pay such worker the amount which the worker would have earned if the worker had worked for the guaranteed number of hours.

“(iii) PERIOD OF EMPLOYMENT.—For purposes of this subparagraph, the term ‘period of employment’ means the total number of anticipated work hours and workdays described in the job offer and shall exclude the worker’s Sabbath and Federal holidays.

“(B) CALCULATION OF HOURS.—Any hours which the worker fails to work, up to a maximum of the number of hours specified in the job offer for a work day, when the worker has been offered an opportunity to do so, and all hours of work actually performed (including voluntary work in excess of the number of hours specified in the job offer in a work day, on the worker’s Sabbath, or on Federal holidays) may be counted by the employer in calculating whether the period of guaranteed employment has been met.

“(C) LIMITATION.—If the worker voluntarily abandons employment before the end of the contract period, or is terminated for cause, the worker is not entitled to the 75 percent guarantee described in subparagraph (A).

“(D) TERMINATION OF EMPLOYMENT.—

“(i) IN GENERAL.—If, before the expiration of the period of employment specified in the job offer, the services of the worker are no longer required due to any form of natural disaster, including flood, hurricane, freeze, earthquake, fire, drought, plant or animal disease, pest infestation, regulatory action, or any other reason beyond the control of the employer before the employment guarantee in subparagraph (A) is fulfilled, the employer may terminate the worker’s employment.

“(ii) REQUIREMENTS.—If a worker’s employment is terminated under clause (i), the employer shall—

“(I) fulfill the employment guarantee in subparagraph (A) for the work days that have elapsed during the period beginning on the first work day after the arrival of the worker and ending on the date on which such employment is terminated; and

“(II) make efforts to transfer the United States worker to other comparable employment acceptable to the worker.

“(l) Expedited adjudication by the Secretary.—The Secretary of Homeland Security—

“(1) shall establish a procedure for expedited adjudication of petitions filed under subsection (e); and

“(2) not later than 7 working days after such filing shall, by fax, cable, or other means assuring expedited delivery transmit a copy of notice of action on the petition—

“(A) to the petitioner; and

“(B) in the case of approved petitions, to the appropriate immigration officer at the port of entry or United States consulate (as the case may be) where the petitioner has indicated that the alien beneficiary (or beneficiaries) will apply for a visa or admission to the United States.

“(m) Period of admission.—

“(1) IN GENERAL.—An H–2A worker shall be admitted for a period of employment, not to exceed 10 months, that includes—

“(A) a period of not more than 7 days prior to the beginning of the period of employment for the purpose of travel to the work site; and

“(B) a period of not more than 14 days following the period of employment for the purpose of departure or extension based on a subsequent offer of employment.

“(2) EMPLOYMENT LIMITATION.—An alien may not be employed during the 14-day period described in paragraph (1)(B) except in the employment for which the alien was previously authorized.

“(3) CONSTRUCTION.—Nothing in this subsection shall limit the authority of the Secretary of Homeland Security to extend the stay of an alien under any other provision of this Act.

“(n) Abandonment of employment.—

“(1) IN GENERAL.—An alien admitted or provided status under section 101(a)(15)(H)(ii)(a) who abandons the employment which was the basis for such admission or status—

“(A) shall have failed to maintain nonimmigrant status as an H–2A worker; and

“(B) shall depart the United States or be subject to removal under section 237(a)(1)(C)(i).

“(2) REPORT BY EMPLOYER.—Not later than 24 hours after the abandonment of employment by an H–2A worker, the employer or association acting as an agent for the employer, shall notify the Secretary of Homeland Security of such abandonment.

“(3) REMOVAL.—The Secretary of Homeland Security shall promptly remove from the United States any H–2A worker who violates any term or condition of the worker’s nonimmigrant status.

“(4) VOLUNTARY TERMINATION.—Notwithstanding paragraph (1), an alien may voluntarily terminate the alien’s employment if the alien promptly departs the United States upon termination of such employment.

“(o) Replacement of alien.—

“(1) IN GENERAL.—Upon notification under subsection (p)(2)—

“(A) the Secretary of State shall promptly issue a visa to, and the Secretary of Homeland Security shall admit into the United States, an eligible alien designated by the employer to replace an H–2A worker who abandons or prematurely terminates employment; and

“(B) the Secretary of Homeland Security shall admit such alien into the United States.

“(2) CONSTRUCTION.—Nothing in this subsection shall limit any preference for which United States workers are eligible under this Act.

“(p) Identification document.—

“(1) IN GENERAL.—The Secretary of Homeland Security shall provide each authorized H–2A worker with a single machine-readable, tamper-resistant, and counterfeit-resistant document that—

“(A) authorizes the alien’s entry into the United States;

“(B) serves, for the appropriate period, as an employment eligibility document; and

“(C) verifies the identity of the alien.

“(2) FORM.—

“(A) The document shall be—

“(i) in a form that is resistant to counterfeiting and to tampering; and

“(ii) compatible with—

“(I) other databases of the Secretary of Homeland Security for the purpose of excluding an alien from benefits for which an alien is not eligible and determining whether the alien is unlawfully present in the United States; and

“(II) law enforcement databases for the purpose of determining if an alien has been convicted of criminal offenses.

“(B) As soon as practicable, the document shall include a biometric identifier. The determination of a biometric identifier to be used for such purposes shall take into account factors such as efficiency, accuracy, the technology available, economic considerations, and storage requirements.

“(q) Extension of stay of H–2A workers in the United States.—

“(1) EXTENSION OF STAY.—If an employer seeks approval to employ an H–2A worker who is lawfully present in the United States, the petition filed by the employer or an association pursuant to subsection (p) shall request an extension of the alien’s stay and, if applicable, a change in the alien’s employment.

“(2) LIMITATION ON FILING PETITION FOR EXTENSION OF STAY.—A petition may not be filed for an extension of an alien’s stay for a period of more than 10 months.

“(3) WORK AUTHORIZATION UPON FILING PETITION FOR EXTENSION OF STAY.—

“(A) IN GENERAL.—An alien who is lawfully present in the United States on the date of the filing of a petition to extend the stay of the alien may commence or continue the employment described in a petition under paragraph (1). The employer shall provide a copy of the employer’s petition for extension of stay to the alien. The alien shall keep the petition with the alien’s identification and employment eligibility document, as evidence that the petition has been filed and that the alien is authorized to work in the United States.

“(B) EMPLOYMENT ELIGIBILITY DOCUMENT.—Upon approval of a petition for an extension of stay or change in the alien’s authorized employment, the Secretary of Homeland Security shall provide a new or updated employment eligibility document to the alien indicating the new validity date, after which the alien is not required to retain a copy of the petition.

“(C) FILE DEFINED.—In this paragraph, the term ‘file’ means sending the petition by certified mail via the United States Postal Service, return receipt requested, or delivering by guaranteed commercial delivery which will provide the employer with a documented acknowledgment of the date of receipt of the petition for an extension of stay.

“(4) LIMITATION ON AN INDIVIDUAL’S STAY IN STATUS.—

“(A) MAXIMUM PERIOD.—The maximum continuous period of authorized status as an H–2A worker (including any extensions) is 20 months.

“(B) REQUIREMENT TO REMAINS OUTSIDE THE UNITED STATES.—

“(i) IN GENERAL.—Subject to clause (ii), in the case of an alien outside the United States whose period of authorized status as an H–2A worker (including any extensions) has expired, the alien may not again apply for admission to the United Stats as an H–2A worker unless the alien has remained outside the United States for a continuous period equal to at least 15 the duration of the alien’s previous period of authorized status as an H–2A worker (including any extensions).

“(ii) EXCEPTION.—Clause (i) shall not apply in the case of an alien if the alien’s period of authorized status as an H–2A worker (including any extensions) was for a period of not more than 10 months and such alien has been outside the United States for at least 2 months during the 12 months preceding the date the alien again is applying for admission to the United States as an H–2A worker.

“(r) Trust Fund To Assure Worker Return.—

“(1) ESTABLISHMENT.—There is established in the Treasury of the United States a trust fund (in this section referred to as the ‘Trust Fund’) for the purpose of providing a monetary incentive for H–2A nonimmigrants to return to their country of origin upon expiration of their visas.

“(2) WITHHOLDING OF WAGES; PAYMENT INTO THE TRUST FUND.—Employers of H–2A nonimmigrants shall withhold from the wages of workers an amount equivalent to 25 percent of the wages of each worker and pay such withheld amount into the Trust Fund in accordance with paragraph (3). Amounts withheld under the preceding sentence shall be maintained in such interest bearing account with such a financial institution as the Secretary of Homeland Security shall specify.

“(3) DISTRIBUTION OF FUNDS.—Amounts paid into the Trust Fund on behalf of an H–2A nonimmigrant, and held pursuant to paragraph (2)(A)(i) and interest earned thereon, shall be paid by the Secretary of State to the worker if—

“(A) the worker applies to the Secretary of State (or the designee of such Secretary) for payment within 30 days of the expiration of the alien’s last authorized stay in the United States as an H–2A nonimmigrant at a United States embassy or consulate in the worker’s home country;

“(B) in such application the worker establishes that the worker has complied with the terms and conditions of the H–2A program; and

“(C) in connection with the application, the worker tenders the identification and employment authorization card issued to the worker pursuant to subsection (p) and establishes that the worker is identified as the person to whom the card was issued based on the biometric identification information contained on the card.

“(4) ADMINISTRATIVE EXPENSES.—The amounts paid into the Trust Fund and held pursuant to paragraph (2)(A)(ii), and interest earned thereon, shall be paid to the Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security in amounts equivalent to the expenses incurred by such officials in the administration of the H–2A program.

“(s) Investment of Trust Fund.—

“(1) IN GENERAL.—It shall be the duty of the Secretary of the Treasury to invest such portion of the Trust Fund as is not, in the Secretary’s judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired—

“(A) on original issue at the price; or

“(B) by purchase of outstanding obligations at the market price.

The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are hereby extended to authorize the issuance at par of special obligations exclusively to the Trust Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt, except that where such average rate is not a multiple of one-eighth of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States on original issue or at the market price, is not in the public interest.

“(2) SALE OF OBLIGATION.—Any obligation acquired by the Trust Fund (except special obligations issued exclusively to the Trust Fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest.

“(3) CREDITS TO TRUST FUND.—The interest on, and the proceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund.

“(4) REPORT TO CONGRESS.—It shall be the duty of the Secretary of the Treasury to hold the Trust Fund, and (after consultation with the Secretary of Homeland Security) to report to the Congress each year on the financial condition and the results of the operations of the Trust Fund during the preceding fiscal year and on its expected condition and operations during the next fiscal year. Such report shall be printed as both a House and a Senate document of the session of the Congress to which the report is made.

“(t) Special rule for aliens employed as sheepherders, goatherders, or dairy workers.—Notwithstanding any other provision of this section, an alien admitted under section 101(a)(15)(H)(ii)(a) for employment as a sheepherder, goatherder, or dairy worker—

“(1) may be admitted for a period of 12 months; and

“(2) shall not be subject to the requirements of subsection (r)(4)(B).”.

(b) Prohibition on family members.—Section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by striking “him;” at the end and inserting “him, except that no spouse or child may be admitted under clause (ii)(a);”.

(c) Regulations.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations, in accordance with the notice and comment provisions of section 553 of title 5, United States Code, to provide for the uniform procedures for the issuance of visas to nonimmigrants described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) by visa-issuing United States consulates and consular officers.

(d) Conforming amendment.—Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by striking “of a temporary or seasonal nature” and inserting “and with respect to whom the intending employer or association has filed with the Secretary a petition under section 218(a)”.

SEC. 402. Legal assistance provided by the legal services corporation.

(a) In general.—Section 305 of the Immigrant Reform and Control Act of 1986 (8 U.S.C. 1101 note) is amended—

(1) by striking “A nonimmigrant” and inserting “(a) In general.—A nonimmigrant”; and

(2) by adding at the end the following:

“(b) Legal assistance.—The Legal Services Corporation may not provide legal assistance for or on behalf of any alien, and may not provide financial assistance to any person or entity that provides legal assistance for or on behalf of any alien, unless the alien—

“(1) is present in the United States at the time the legal assistance is provided; and

“(2) is an alien to whom subsection (a) applies.”.

(b) Mediation.—Section 305 of the Immigrant Reform and Control Act of 1986 (8 U.S.C. 1101 note), as amended by subsection (a), is further amended by adding at the end the following:

“(c) Required mediation.—The Legal Services Corporation may not bring a civil action for damages on behalf of a nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), unless at least 90 days prior to bringing the action a request has been made to the Federal Mediation and Conciliation Service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute and mediation has been attempted.”.

(c) Condition for entry onto property for Legal Services Corporation representation.—Section 305 of the Immigrant Reform and Control Act of 1986 (8 U.S.C. 1101 note), as amended by subsection (b), is further amended by adding at the end the following:

“(d) Condition for entry onto employer’s property for Legal Services Corporation representation.—No employer of a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) shall be required to permit any recipient of a grant or contract under section 1007 of the Legal Services Corporation Act (42 U.S.C. 2996f), or any employee of such a recipient, to enter upon the employer’s property, unless such recipient or employee has a pre-arranged appointment with a specific nonimmigrant having such status.”.

SEC. 403. Effective date.

The amendments made by this title shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply to petitions approved after such date.

TITLE VEnglish as Official Language

SEC. 501. Nullification of effect of executive order.

Executive Order 13166, entitled “Improving Access to Services for Persons with Limited English Proficiency” (August 16, 2000; 65 Fed. Reg. 50121), is null and void and shall have no force or effect.

SEC. 502. Prohibition against use of funds for certain purposes.

No funds appropriated pursuant to any provision of law may be used to promulgate or enforce any executive order that creates an entitlement to services provided in any language other than English.

SEC. 503. English as the official language of the Government of the United States.

(a) In general.—Title 4, United States Code, is amended by adding at the end the following new chapter:

“CHAPTER 6LANGUAGE OF THE GOVERNMENT

“SEC. 161. Declaration of official language.

“English shall be the official language of the Government of the United States.

“SEC. 162. Official Government activities in English.

“The Government of the United States shall conduct its official business in English, including publications, income tax forms, and informational materials.

“SEC. 163. Preserving and enhancing the role of the official language.

“The Government of the United States shall preserve and enhance the role of English as the official language of the United States. Unless specifically stated in applicable law, no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English. If exceptions are made, such does not create a legal entitlement to additional services in that language or any language other than English. If any forms are issued by the Federal Government in a language other than English (or such forms are completed in a language other than English), the English language version of the form is the sole authority for all legal purposes.

“SEC. 164. Exceptions.

“(a) In general.—This chapter shall not apply to the use of a language other than English—

“(1) for religious purposes;

“(2) for training in foreign languages for international communication; or

“(3) to programs in schools designed to encourage students to learn foreign languages.

This chapter does not prevent the Government of the United States from providing interpreters for persons over 62 years of age.

“(b) Conforming amendment.—The table of chapters for title 4, United States Code, is amended by adding at the end the following new item:


“ ‘6. Language of the Government. ”.

SEC. 504. English language requirement for ceremonies for admission of new citizens.

Section 337(d) of the Immigration and Nationality Act (8 U.S.C. 1448(d)) is amended by adding at the end the following new sentence: “All public ceremonies in which the oath of allegiance is administered pursuant to this section shall be conducted solely in the English language.”.

TITLE VIMiscellaneous

SEC. 601. Clarification of rules for determining insured status and work record for social security based on service of noncitizens while not authorized to work in the United States.

(a) Eligibility for status as insured individual contingent upon appropriate assignment of social security account number.—Section 214(c) of the Social Security Act (42 U.S.C. 414(c)) is amended—

(1) by striking “individual, if not a United States citizen or national—” and inserting “individual—”; and

(2) by striking paragraph (1) and inserting the following:

“(1) has been assigned a social security account number, and the assignment of such number—

“(A) occurred while such individual was a citizen or national of the United States, or

“(B) was consistent, at the time of the assignment, with the requirements of subclause (I) or (III) of section 205(c)(2)(B)(i); or”.

(b) Reassignment of social security account numbers.—Section 205(c)(2)(B) of such Act (42 U.S.C. 405(c)(2)(B)) is amended—

(1) by redesignating clause (iii) as clause (iv); and

(2) by inserting after clause (ii) the following new clause:

“(iii) In any case in which the assignment of a social security account number to an individual who was not, at the time of the assignment, a citizen or national of the United States is determined by the Commissioner to not have been consistent, at the time of the assignment, with the requirements of subclause (I) or (III) of clause (i), the Commissioner may issue a replacement social security account number to such individual while such individual is a citizen or national of the United States or in a manner consistent with the requirements of subclauses (I) and (III) of clause (i).”.

(c) Disregard of earnings by individuals in the United States while such individuals are not citizens, nationals, or lawful permanent residents of the United States and are not authorized To be employed in the United States.—

(1) DETERMINATIONS OF QUARTERS OF COVERAGE.—Section 213 of such Act (42 U.S.C. 413) is amended by adding at the end the following new subsection:

“Disregard Of Certain Earnings By Noncitizens

“(e) For purposes of determining an individual’s quarters of coverage under this section, such individual shall not be credited with any wages paid to such individual for services performed in the United States, or any self-employment income derived by such individual in the United States, if such services were performed, or such self-employment income was derived, while such individual—

“(1) was not a citizen or national of the United States,

“(2) was not lawfully admitted for permanent residence in the United States, and

“(3) was not authorized to be employed in the United States.”.

(2) DETERMINATIONS OF AVERAGE INDEXED MONTHLY EARNINGS.—Section 215(e) of such Act (42 U.S.C. 415(e)) is amended—

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(B) by inserting “(1)” after “(e)”; and

(C) by adding at the end the following new paragraph:

“(2) For purposes of subsections (b) and (d), in computing an individual’s average indexed monthly earnings (or in the case of an individual whose primary insurance amount is computed under section 215(a) as in effect prior to January 1979, average monthly wage), such individual shall not be credited with any wages paid to such individual for services performed in the United States, or any self-employment income derived by such individual in the United States, if such services were performed, or such self-employment income was derived, while such individual—

“(A) was not a citizen or national of the United States,

“(B) was not lawfully admitted for permanent residence in the United States, and

“(C) was not authorized to be employed in the United States.”.

(d) Requirements for totalization agreements.—Section 233(c) of such Act (42 U.S.C. 433(c)) is amended—

(1) by redesignating paragraph (4) as paragraph (5); and

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

“(4) Nothing in the preceding provisions of this subsection may be construed to authorize any inconsistency in such agreement with the requirements of sections 213(e), 214(c), and 215(e)(2) in the case of any individual who, at any time such requirements apply to such individual—

“(A) is not a citizen or national of the United States,

“(B) is not lawfully admitted for permanent residence in the United States, and

“(C) is not authorized to be employed in the United States.”.

(e) Effective date.—The amendments made by subsections (a), (b), and (c) of this section shall apply with respect to social security account numbers assigned, with respect to wages paid, and with respect to self-employment income derived before, on, or after the date of the enactment of this Act. The amendments made by subsection (d) shall apply with respect to totalization agreements transmitted by the President to the Congress on or after May 1, 2007. Notwithstanding section 215(f)(1) of the Social Security Act (42 U.S.C. 415(f)(1)), as soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security shall recompute all primary insurance amounts to the extent necessary to carry out the amendments made by this Act. Such amendments shall affect benefits only for months after the date of the enactment of this Act.

SEC. 602. 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 Act, subsection (a) shall not be construed to affect such authorization.

(c) Definition.—For purposes of this section, the “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. 603. Tabulation of United States citizens.

The Secretary of Commerce, in conducting the 2010 decennial census and each decennial census thereafter, shall include in any questionnaire which is distributed or otherwise made available to the general population for the purpose of determining the total population of the United States, a question as to how many of the persons to be accounted for on such questionnaire are citizens of the United States.