(E) 
APPLICATIONS
BY
ELECTRONIC 
MEANS.—To meet the requirements of this sec-
tion, for applications by electronic means, 
through the mail or by phone or fax, a State 
shall employ third party verification, or equiva-
lent verification, of the identity of the re-
questor. 
(F) VERIFICATION
OF
DOCUMENTS.—To 
meet the requirements of this section, a State 
shall verify the documents used to provide proof 
of identity of the requestor. 
(4) OTHER REQUIREMENTS.—To meet the re-
quirements of this section, a State shall adopt, at a 
minimum, the following practices in the issuance 
and administration of birth certificates: 
(A) Establish and implement minimum 
building security standards for State and local 
vital record offices. 
(B) Restrict public access to birth certifi-
cates and information gathered in the issuance 
process to ensure that access is restricted to en-
tities with which the State has a binding pri-
vacy protection agreement. 
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(C) Subject all persons with access to vital 
records to appropriate security clearance re-
quirements. 
(D) Establish fraudulent document rec-
ognition training programs for appropriate em-
ployees engaged in the issuance process. 
(E) Establish and implement internal oper-
ating system standards for paper and for elec-
tronic systems. 
(F) Establish a central database that can 
provide interoperative data exchange with other 
States and with Federal agencies, subject to 
privacy restrictions and confirmation of the au-
thority and identity of the requestor. 
(G) Ensure that birth and death records 
are matched in a comprehensive and timely 
manner, and that all electronic birth records 
and paper birth certificates of decedents are 
marked ‘‘deceased’’. 
(H) Cooperate with the Secretary of 
Homeland Security in the implementation of 
electronic verification of vital events under sub-
section (d). 
(c) ESTABLISHMENT OF ELECTRONIC BIRTH AND 
DEATH REGISTRATION SYSTEMS.—In consultation with 
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the Secretary of Health and Human Services and the 
Commissioner of Social Security, the Secretary of Home-
land Security shall take the following actions: 
(1) Work with the States to establish a common 
data set and common data exchange protocol for 
electronic birth registration systems and death reg-
istration systems. 
(2) Coordinate requirements for such systems 
to align with a national model. 
(3) Ensure that fraud prevention is built into 
the design of electronic vital registration systems in 
the collection of vital event data, the issuance of 
birth certificates, and the exchange of data among 
government agencies. 
(4) Ensure that electronic systems for issuing 
birth certificates, in the form of printed abstracts of 
birth records or digitized images, employ a common 
format of the certified copy, so that those requiring 
such documents can quickly confirm their validity. 
(5) Establish uniform field requirements for 
State birth registries. 
(6) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of Defense that will result in the shar-
ing of data, with the States and the Social Security 
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Administration, regarding deaths of United States 
military personnel and the birth and death of their 
dependents. 
(7) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of State to improve registration, notifi-
cation, and the sharing of data with the States and 
the Social Security Administration, regarding births 
and deaths of United States citizens abroad. 
(8) Not later than 3 years after the date of es-
tablishment of databases provided for under this sec-
tion, require States to record and retain electronic 
records of pertinent identification information col-
lected from requestors who are not the registrants. 
(9) Not later than 6 months after the date of 
the enactment of this Act, submit to Congress a re-
port on whether there is a need for Federal laws to 
address penalties for fraud and misuse of vital 
records and whether violations are sufficiently en-
forced. 
(d) 
ELECTRONIC
VERIFICATION
OF
VITAL 
EVENTS.— 
(1) LEAD AGENCY.—The Secretary of Home-
land Security shall lead the implementation of elec-
tronic verification of a person’s birth and death. 
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(2) REGULATIONS.—In carrying out paragraph 
(1), the Secretary shall issue regulations to establish 
a means by which authorized Federal and State 
agency users with a single interface will be able to 
generate an electronic query to any participating 
vital records jurisdiction throughout the United 
States to verify the contents of a paper birth certifi-
cate. Pursuant to the regulations, an electronic re-
sponse from the participating vital records jurisdic-
tion as to whether there is a birth record in their 
database that matches the paper birth certificate will 
be returned to the user, along with an indication if 
the matching birth record has been flagged ‘‘de-
ceased’’. The regulations shall take effect not later 
than 5 years after the date of the enactment of this 
Act. 
(e) GRANTS TO STATES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security may make grants to States to assist the 
States in conforming to the minimum standards set 
forth in this section. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary of Homeland Security for each of the fiscal 
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years 2008 through 2011 such sums as may be nec-
essary to carry out this section. 
(f) AUTHORITY.— 
(1) PARTICIPATION WITH FEDERAL AGENCIES 
AND 25 STATES.—All authority to issue regulations, 
certify standards, and issue grants under this sec-
tion shall be carried out by the Secretary of Home-
land Security, with the concurrence of the Secretary 
of Health and Human Services and in consultation 
with State vital statistics offices and appropriate 
Federal agencies. 
(2) EXTENSIONS
OF
DEADLINES.—The Sec-
retary of Homeland Security may grant to a State 
an extension of time to meet the requirements of 
subsection (b)(1)(A) if the State provides adequate 
justification for noncompliance. 
(g) REPEAL.—Section 7211 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law 
108–458) is repealed. 
SEC. 322. MAXIMUM PERIOD OF VALIDITY FOR STATE LI-
CENSES AND IDENTIFICATION DOCUMENTS. 
Section 202(d)(10) of the REAL ID Act of 2005 (di-
vision B of Public Law 109–13) is amended by striking 
‘‘8 years’’ and inserting ‘‘5 years’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply as of such date to all 
applicable State or local laws that were enacted before, 
on, or after such date. 
Subtitle B—Reversing Unlawful 
Migration 
SEC. 331. MANDATORY EMPLOYMENT AUTHORIZATION 
VERIFICATION. 
(a) RENAMING
OF BASIC PILOT PROGRAM.—The 
basic pilot program established under section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1324a note) is hereby renamed the ‘‘Employment 
Authorization Status Instant Check’’ or ‘‘EASI Check’’ 
system. 
(b) PERMANENT OPERATION OF THE PROGRAM.— 
The EASI Check system shall continue in operation per-
manently and shall not terminate. 
(c) MANDATORY USE OF EASI CHECK SYSTEM.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), every person or other entity that hires one 
or more individuals for employment in the United 
States shall verify through the EASI Check system 
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that each such individual is authorized to work in 
the United States. 
(2) SELECT ENTITIES REQUIRED TO USE EASI 
CHECK SYSTEM IMMEDIATELY.—The following enti-
ties shall satisfy the requirement in paragraph (1) 
by not later than one year after the date of the en-
actment of this Act: 
(A) FEDERAL
AGENCIES.—Each depart-
ment and agency of the Federal Government; 
(B) FEDERAL
CONTRACTORS.—A con-
tractor that— 
(i) has entered into a contract with 
the Federal Government to which section 
2(b)(1) of the Service Contract Act of 
1965 (41 U.S.C. 351(b)(1)) applies, and 
any subcontractor under such contract; or 
(ii) has entered into a contract ex-
empted from the application of such Act by 
section 6 of such Act (41 U.S.C. 356), and 
any subcontractor under such contract. 
(C) LARGER EMPLOYERS IN CERTAIN IN-
DUSTRIES.—An employer that employs more 
than 50 individuals in the United States in any 
of the following industries, as defined by the 
Secretary of Labor: 
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(i) Agriculture. 
(ii) Meat packing. 
(iii) Construction. 
(iv) Leisure and hospitality. 
(3) PHASING-IN FOR OTHER EMPLOYERS.— 
(A) TWO YEARS FOR EMPLOYERS OF 20 OR 
MORE.—Entities that employ 20 or more indi-
viduals in the United States in any industry 
shall satisfy the requirement in paragraph (1) 
by not later than two years after the date of the 
enactment of this Act. 
(B) THREE
YEARS
FOR
ALL
EMPLOY-
ERS.—All entities that employ one or more indi-
viduals in the United States shall satisfy the re-
quirement in paragraph (1) by not later than 
three years after the date of the enactment of 
this Act. 
(4) VERIFYING EMPLOYMENT AUTHORIZATION 
OF CURRENT EMPLOYEES.—Every person or other 
entity that employs one or more persons in the 
United States shall verify through the EASI Check 
system by no later than four years after the date of 
the enactment of this Act that each employee is au-
thorized to work in the United States. 
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(5) DEFENSE.—An employer who establishes 
that the employer complied in good faith with the re-
quirements in paragraphs (1) and (4) shall not be 
liable for hiring an unauthorized alien, if— 
(A) such hiring occurred due to an error in 
the EASI Check system that was unknown to 
the employer at the time of such hiring; and 
(B) the employer terminates the employ-
ment of the alien upon being informed of the 
error. 
(6) SANCTIONS
FOR
NONCOMPLIANCE.—The 
failure of an employer to comply with the require-
ments in paragraph (1) or (4) shall— 
(A) be treated as a violation of section 
274A(a)(1)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(a)(1)(B)) with re-
spect to each individual whose employment au-
thorization status was not verified; and 
(B) create a rebuttable presumption that 
the employer has violated section 274A(a)(1)(A) 
of such Act. 
(7) VOLUNTARY PARTICIPATION OF EMPLOYERS 
NOT
IMMEDIATELY
SUBJECT
TO
REQUIREMENT.— 
Nothing in this subsection shall be construed as pre-
venting a person or other entity that is not imme-
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diately subject to the requirement of paragraph (1) 
pursuant to paragraph (2) or (3) from voluntarily 
using the EASI Check system to verify the employ-
ment authorization of new hires, current employees, 
or both. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
required to carry out this section. 
SEC. 332. EMPLOYER SANCTIONS. 
(a) INCREASE IN PENALTY FOR VIOLATIONS.—Sub-
section 274A(e)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(e)(4)) is amended— 
(1) in subparagraph (A)(i), by striking ‘‘not 
less than $250 and not more than $2,000’’ and in-
serting ‘‘$5,000’’; 
(2) in subparagraph (A)(ii), by striking ‘‘not 
less than $2,000 and not more than $5,000’’ and in-
serting ‘‘$10,000’’; 
(3) in subparagraph (A)(iii), by striking ‘‘not 
less than $3,000 and not more than $10,000’’ and 
inserting ‘‘$25,000’’; and 
(4) in subparagraph (B), by striking clause (i) 
and redesignating clause (ii) as clause (i). 
(b) ENFORCEMENT THROUGH LIMITATION
ON H 
NONIMMIGRANT PETITIONS.—Subsection 274A(e) of such 
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Act (8 U.S.C. 1324a(e)) is further amended by adding at 
the end the following: 
‘‘(10) LIMITATION ON H NONIMMIGRANT PETI-
TIONS.—Any person or entity found in violation of 
subsection (a)(1)(A) or (a)(2) shall be ineligible for 
a period of 5 years following the first offense, and 
permanently following the second offense, to petition 
for 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H).’’. 
(c) INCREASE
IN
CRIMINAL
PENALTY.—Section 
274A(f)(1) of such Act (8 U.S.C. 1324a(f)(1)) is amended 
to read as follows: 
‘‘(1) CRIMINAL PENALTY.—Any person or enti-
ty which engages in a pattern or practice of viola-
tions of subsection (a)(1)(A) or (a)(2) shall be fined 
not more than $25,000 for each unauthorized alien 
with respect to whom such a violation occurs, im-
prisoned for not less than one year, or both, notwith-
standing the provisions of any other Federal law re-
lating to fine levels.’’. 
SEC. 333. LIMITED DURATION SOCIAL SECURITY ACCOUNT 
NUMBERS FOR NONIMMIGRANTS. 
(a) TEMPORARY SOCIAL SECURITY CARDS FOR NON-
IMMIGRANTS.—Section 205(c)(2)(G) of the Social Secu-
rity Act (42 U.S.C. 405(c)(2)(G)) is amended by inserting 
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after the first sentence the following: ‘‘Social security 
cards issued to aliens who are not lawful permanent resi-
dents, but who are authorized to engage in employment 
in the United States, shall bear on their face an expiration 
date that coincides with the expiration of the alien’s per-
mission to be employed in the United States. The social 
security account numbers on such cards shall not be valid 
to prove work authorization, either through the EASI 
Check system or otherwise, following their expiration.’’. 
(b) TIMING OF ISSUANCE TO ALIENS.—Subclause (I) 
of section 205(c)(2)(B)(i) of the Social Security Act (42 
U.S.C. 405(c)(2)(B)(i)(I)) is amended to read as follows: 
‘‘(I) to aliens at the time of their lawful admis-
sion to the United States for or adjustment of status 
to— 
‘‘(aa) permanent residence; or 
‘‘(bb) temporary or other short-term resi-
dence in a category that permits them to en-
gage in employment in the United States, ex-
cept that these aliens shall be issued the social 
security cards described in the second sentence 
of subparagraph (G);’’. 
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SEC. 334. MANDATORY NOTIFICATION OF SOCIAL SECURITY 
ACCOUNT NUMBER MISMATCHES AND MUL-
TIPLE USES. 
(a) NOTIFICATION OF MISMATCHED NAME AND SO-
CIAL SECURITY ACCOUNT NUMBER.—The Commissioner 
of Social Security shall notify on an annual basis each 
United States employer with one or more employees whose 
social security account number does not match the em-
ployee’s name or date of birth in the Commissioner’s 
records. Such notification shall instruct employers to no-
tify listed employees that they have 10 business days to 
correct the mismatch with the Social Security Administra-
tion or the employer will be required to terminate their 
employment. The notification also shall inform employers 
that they may not terminate listed employees prior to the 
close of the 10-day period. 
(b) NOTIFICATION
OF MULTIPLE USES
OF INDI-
VIDUAL SOCIAL SECURITY ACCOUNT NUMBERS.—Prior to 
crediting any individual with concurrent earnings from 
more than one employer, the Commissioner of Social Secu-
rity shall notify the individual that earnings from two or 
more employers are being reported under the individual’s 
social security account number. Such notice shall include, 
at a minimum, the name and location of each employer 
and shall direct the individual to contact the Social Secu-
rity Administration to present proof that the individual 
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is the person to whom the social security account number 
was issued and, if applicable, to present a pay stub or 
other documentation showing that such individual is em-
ployed by both or all employers reporting earnings to that 
social security account number. 
SEC. 335. NO SOCIAL SECURITY CREDIT FOR WORK PER-
FORMED WHILE UNLAWFULLY PRESENT. 
Sections 214(c)(1) and 223(a)(1)(C)(i) of the Social 
Security Act (42 U.S.C. 414(c)(1), 423(a)(1)(C)(i)), as 
added by section 211 of the Social Security Protection Act 
of 2004 (Public Law 108–203), are each amended by 
striking ‘‘at the time of assignment, or at any later time’’ 
and inserting ‘‘at the time any such quarters of coverage 
are earned’’. 
SEC. 336. REDUCING INDIVIDUAL TAXPAYER IDENTIFICA-
TION NUMBER ABUSE. 
(a) MODIFIED IT IN FORMAT AND LAWFUL PRES-
ENCE REQUIREMENT.— 
(1) IN GENERAL.—Section 6109(c) of the Inter-
nal Revenue Code of 1986 is amended to read as fol-
lows: 
‘‘(c) REQUIREMENT OF INFORMATION.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the Secretary is authorized to require such in-
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formation as may be necessary to assign an identi-
fying number of any person. 
‘‘(2) SEPARATE
FROM
SOCIAL
SECURITY
AC-
COUNT NUMBERS.—Any identifying number assigned 
by the Secretary shall be comprised of a sequence of 
numerals and dashes that is visually distinguishable 
from and will not be mistaken for a social security 
account number. 
‘‘(3) VERIFICATION OF STATUS FOR ALIENS.— 
Prior to issuing any identifying number, the Sec-
retary shall verify with the Department of Homeland 
Security that the applicant for such number is law-
fully present in the United States.’’. 
(2) EFFECTIVE DATE.—Section 6109(c)(2) of 
the Internal Revenue Code of 1986, as amended by 
paragraph (1), shall take effect not later than 30 
days after the date of the enactment of this Act. 
(b) INFORMATION SHARING.— 
(1) IN GENERAL.—Section 6103(i)(3) of the In-
ternal Revenue Code of 1986 is amended by adding 
at the end the following new subparagraph: 
‘‘(D) POSSIBLE VIOLATIONS OF FEDERAL 
IMMIGRATION
LAW.—The Secretary shall dis-
close in electronic format to the Secretary of 
Homeland Security the taxpayer identity (as de-
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fined in subsection (b)(6)) of each taxpayer who 
has been assigned an individual taxpayer identi-
fication number. The Secretary of Homeland 
Security may disclose such information to offi-
cers and employees of the Department to the 
extent necessary to enforce Federal immigration 
laws.’’ 
(2) EFFECTIVE DATE.—The Secretary of the 
Treasury shall disclose information under the 
amendment made by paragraph (1) not later than 
60 days after the date of the enactment of this Act. 
SEC. 337. LIMITED ELIGIBILITY FOR TAX CREDITS AND RE-
FUNDS. 
Notwithstanding any other provision of law, an indi-
vidual who submits to the Internal Revenue Service an in-
come tax return that relies on an individual taxpayer iden-
tification number in lieu of a social security account num-
ber shall not be eligible for any tax credit or refund, in-
cluding the earned income tax credit under section 32 of 
the Internal Revenue Code of 1986. 
SEC. 338. PENALTY FOR FAILURE TO FILE CORRECT INFOR-
MATION RETURNS. 
(a) MOST EGREGIOUS NONCOMPLIANT EMPLOY-
ERS.—Section 6721 of the Internal Revenue Code is 
amended— 
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