‘‘(d) EMPLOYMENT DOCUMENTS.—Whoever uses— 
‘‘(1) an identification document, knowing (or 
having reason to know) that the document was not 
issued lawfully for the use of the possessor; 
‘‘(2) an identification document knowing (or 
having reason to know) that the document is false; 
or 
‘‘(3) a false attestation, 
for the purpose of satisfying a requirement of section 
274A(b) of the Immigration and Nationality Act (8 U.S.C. 
1324a(b)), shall be fined under this title, imprisoned not 
more than 5 years, or both.’’. 
SEC. 247. ALTERNATIVE IMPRISONMENT MAXIMUM FOR 
CERTAIN OFFENSES. 
Section 1547 of title 18, United States Code, is 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘(other than an offense under section 
1545)’’; 
(2) in paragraph (1), by striking ‘‘15’’ and in-
serting ‘‘20’’; and 
(3) in paragraph (2), by striking ‘‘20’’ and in-
serting ‘‘25’’. 
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SEC. 248. ATTEMPTS, CONSPIRACIES, JURISDICTION, AND 
DEFINITIONS. 
Chapter 75 of title 18, United States Code, is amend-
ed by adding after section 1547 the following new sections: 
‘‘§ 1548. Attempts and conspiracies 
‘‘Any person who attempts or conspires to violate any 
section of this chapter shall be punished in the same man-
ner as a person who completed a violation of that section. 
‘‘§ 1549. Additional jurisdiction 
‘‘(a) IN GENERAL.—Any person who commits an of-
fense under this chapter within the special maritime and 
territorial jurisdiction of the United States shall be pun-
ished as provided under this chapter. 
‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any per-
son who commits an offense under this chapter outside 
the United States shall be punished as provided under this 
chapter if— 
‘‘(1) the offense involves a United States pass-
port or immigration document (or any document 
purporting to be such a document) or any matter, 
right, or benefit arising under or authorized by Fed-
eral immigration laws; 
‘‘(2) the offense is in or affects foreign com-
merce; 
‘‘(3) the offense affects, jeopardizes, or poses a 
significant risk to the lawful administration of Fed-
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eral immigration laws, or the national security of the 
United States; 
‘‘(4) the offense is committed to facilitate an 
act of international terrorism (as defined in section 
2331) or a drug trafficking crime (as defined in sec-
tion 929(a)(2)) that affects or would affect the na-
tional security of the United States; 
‘‘(5) the offender is a national of the United 
States or an alien lawfully admitted for permanent 
residence (as those terms are defined in section 
101(a) of the Immigration and Nationality Act (8 
U.S.C. 1101(a))); or 
‘‘(6) the offender is a stateless person whose 
habitual residence is in the United States. 
‘‘§ 1550. Authorized law enforcement activities 
‘‘Nothing in this chapter shall prohibit any lawfully 
authorized investigative, protective, or intelligence activity 
of a law enforcement agency of the United States, a State, 
or a political subdivision of a State, or an intelligence 
agency of the United States, or any activity authorized 
under title V of the Organized Crime Control Act of 1970 
(Public Law 91–452; 84 Stat. 933). 
‘‘§ 1551. Definitions 
‘‘As used in this chapter: 
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‘‘(1) The term ‘application for a United States 
passport’ includes any document, photograph, or 
other piece of evidence submitted in support of an 
application for a United States passport. 
‘‘(2) The term ‘false statement or representa-
tion’ includes a personation or an omission. 
‘‘(3) The term ‘immigration document’— 
‘‘(A) means any application, petition, affi-
davit, declaration, attestation, form, visa, iden-
tification card, alien registration document, em-
ployment authorization document, border cross-
ing card, certificate, permit, order, license, 
stamp, authorization, grant of authority, or 
other official document, arising under or au-
thorized by the immigration laws of the United 
States; and 
‘‘(B) includes any document, photograph, 
or other piece of evidence attached to or sub-
mitted in support of an immigration document 
described in subparagraph (A). 
‘‘(4) The term ‘immigration laws’ includes— 
‘‘(A) 
the 
laws 
described 
in 
section 
101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)); 
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‘‘(B) the laws relating to the issuance and 
use of passports; and 
‘‘(C) the regulations prescribed under the 
authority of any law described in subparagraph 
(A) or (B). 
‘‘(5) A person does not exercise ‘lawful author-
ity’ if the person abuses or improperly exercises law-
ful authority the person otherwise holds. 
‘‘(6) The term ‘passport’ means— 
‘‘(A) a travel document attesting to the 
identity and nationality of the bearer that is 
issued under the authority of the Secretary of 
State, a foreign government, or an international 
organization; or 
‘‘(B) any instrument purporting to be a 
document described in subparagraph (A). 
‘‘(7) The term ‘produce’ means to make, pre-
pare, assemble, issue, print, authenticate, or alter. 
‘‘(8) The term ‘to present’ means to offer or 
submit for official processing, examination, or adju-
dication. Any such presentation continues until the 
official processing, examination, or adjudication is 
complete. 
‘‘(9) The ‘use’ of a passport or an immigration 
document referred to in section 1541(a), 1543(b), 
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1544, 1546(a), and 1546(b) of this chapter in-
cludes— 
‘‘(A) any officially authorized use; 
‘‘(B) use to travel; 
‘‘(C) use to demonstrate identity, resi-
dence, nationality, citizenship, or immigration 
status; 
‘‘(D) use to seek or maintain employment; 
or 
‘‘(E) use in any matter within the jurisdic-
tion of the Federal government or of a State 
government.’’. 
SEC. 249. CLERICAL AMENDMENT. 
The table of sections for chapter 75 of title 18, 
United States Code, is amended to read as follows: 
‘‘Sec. 
‘‘1541. Trafficking in passports. 
‘‘1542. False statement in an application for a passport. 
‘‘1543. Forgery and unlawful production of a passport. 
‘‘1544. Misuse of a passport. 
‘‘1545. Schemes to defraud aliens. 
‘‘1546. Immigration and visa fraud. 
‘‘1547. Alternative imprisonment maximum for certain offenses. 
‘‘1548. Attempts and conspiracies. 
‘‘1549. Additional jurisdiction. 
‘‘1550. Authorized law enforcement activities. 
‘‘1551. Definitions.’’. 
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TITLE III—BIRTHRIGHT 
CITIZENSHIP 
SEC. 301. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS 
BORN IN THE UNITED STATES. 
(a) IN GENERAL.—Section 301 of the Immigration 
and Nationality Act (8 U.S.C. 1401) is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘The following’’; 
(2) by redesignating paragraphs (a) through (h) 
as paragraphs (1) through (8); and 
(3) by adding at the end the following: 
‘‘(b) DEFINITION.—Acknowledging the right of birth-
right citizenship established by section 1 of the 14th 
amendment to the Constitution, a person born in the 
United States shall be considered ‘subject to the jurisdic-
tion’ of the United States for purposes of subsection (a)(1) 
if the person is born in the United States of parents, one 
of whom is— 
‘‘(1) a citizen or national of the United States; 
‘‘(2) an alien lawfully admitted for permanent 
residence in the United States whose residence is in 
the United States; or 
‘‘(3) an alien performing active service in the 
Armed Forces (as defined in section 101 of title 10, 
United States Code).’’. 
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(b) APPLICABILITY.—The amendment made by sub-
section (a)(3) shall not be construed to affect the citizen-
ship or nationality status of any person born before the 
date of the enactment of this Act. 
TITLE IV—HOUSING AND 
HOMEOWNERSHIP 
SEC. 401. MORTGAGES PROHIBITED FOR PRINCIPAL RESI-
DENCES OF INDIVIDUALS WHO LACK VALID 
PERSONAL IDENTIFICATION. 
(a) IN GENERAL.—Chapter 2 of the Truth in Lend-
ing Act (15 U.S.C. 1631 et seq.) is amended by adding 
at the end the following new section: 
‘‘§ 140. Mortgages prohibited for principal residences 
of individuals who lack valid personal 
identification 
‘‘Notwithstanding any provision of State law, no 
credit may be extended by any creditor to any consumer 
in any consumer credit transaction in which a security in-
terest, including any such interest arising by operation of 
law, is or will be retained or acquired in any property lo-
cated within the United States which is or, upon the com-
pletion of the transaction, will be used as the principal 
residence of such consumer unless the creditor has verified 
that the consumer is a citizen or national of the United 
States or is lawfully present in the United States, by re-
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quiring the consumer to provide to the creditor valid per-
sonal identification in one of the forms specified in the 
amendment made by section 202(a) of the Loophole Elimi-
nation and Verification Enforcement Act.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 2 of the Truth in Lending Act is amended 
by inserting after the item relating to section 139 the fol-
lowing new item: 
‘‘140. Mortgages prohibited for principal residences of individuals who lack valid 
personal identification.’’. 
SEC. 402. PROHIBITION ON PUBLIC HOUSING AND SECTION 
8 RENTAL ASSISTANCE FOR ILLEGAL ALIENS. 
Occupancy in public housing assisted under the 
United States Housing Act of 1937 (42 U.S.C. 1437 et 
seq.) may not be provided to any individual or household, 
and rental assistance under section 8 of such Act (42 
U.S.C. 1437f) may not be provided to or on behalf of any 
individual or household, unless the public housing agency 
or owner of housing assisted under section 8, as applica-
ble, verifies that the individual, or in the case of a house-
hold, all adult members of the household, are citizens or 
nationals of the United States or are lawfully present in 
the United States, by requiring such individual, or in the 
case of a household, all adult members of the household, 
to provide to the public housing agency or owner of hous-
ing assisted under such section 8, as applicable, valid per-
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sonal identification in one of the forms specified in section 
201(a) of this Act. 
SEC. 403. PROHIBITION ON RENTING OF DWELLING UNITS 
TO ILLEGAL ALIENS. 
It is the sense of the Congress that renting a dwelling 
unit to an individual who is unlawfully present in the 
United States, or to any household that includes such an 
individual, should be considered an act of harboring an 
illegal alien or assisting an illegal alien to reside in the 
United States and therefore illegal. 
SEC. 404. PROHIBITION ON FEDERAL AND GOVERNMENT- 
SPONSORED 
ENTERPRISE 
SUPPORT 
FOR 
MORTGAGES FOR ILLEGAL ALIENS. 
(a) FEDERAL AGENCIES.—No Federal agency, de-
partment, office, or other instrumentality may make, in-
sure, or guarantee any mortgage or loan for the purchase 
of, or secured by, a residential property unless the mort-
gagee under such mortgage, or the lender under such loan, 
as the case may be, has verified that the mortgagor under 
the mortgage or borrower under the loan, as the case may 
be, is a citizen or national of the United States or is law-
fully present in the United States, by requiring such mort-
gagor or borrower to provide to such lender under such 
mortgage or loan valid personal identification in one of 
the forms specified in section 201(a) of this Act. 
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(b) FANNIE MAE AND FREDDIE MAC.—The Federal 
National Mortgage Association and the Federal Home 
Loan Mortgage Corporation may not purchase, securitize, 
service, sell, lend on the security of, or otherwise deal in 
any mortgage or loan unless the mortgagee under such 
mortgage has verified that the mortgagor under the mort-
gage is a citizen or national of the United States or is 
lawfully present in the United States, by requiring such 
mortgagor to provide to such mortgagee under such mort-
gage valid personal identification in one of the forms speci-
fied in section 201(a) of this Act. 
TITLE V—TAXES AND SOCIAL 
SECURITY 
SEC. 501. PROHIBITING TOTALIZATION AGREEMENTS THAT 
BENEFIT UNLAWFULLY PRESENT ALIENS. 
It is the sense of the House of Representatives that 
the totalization agreement establishing totalization ar-
rangements between the Social Security system estab-
lished by title II of such Act and the Social Security sys-
tem of Mexico, signed by the Commissioner of Social Secu-
rity and the Director General, Mexican Social Security In-
stitute, on June 29, 2004, is inappropriate public policy 
and should not take effect. 
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SEC. 502. NO SOCIAL SECURITY CREDIT FOR WORK PER-
FORMED WHILE UNLAWFULLY PRESENT. 
(a) DETERMINATIONS OF INSURED STATUS.—Sec-
tion 214(c)(1) of the Social Security Act (42 U.S.C. 
414(c)(1)) is amended by striking ‘‘at the time of assign-
ment,’’ and all that follows through ‘‘any later time,’’ and 
inserting ‘‘at the time any such quarters of coverage are 
earned,’’. 
(b) ENTITLEMENT TO DISABILITY INSURANCE BEN-
EFITS.—Section 223(a)(1)(C)(i) of such Act (42 U.S.C. 
423(a)(1)(C)(i)) is amended by striking ‘‘at the time of 
assignment,’’ and all that follows through ‘‘any later 
time,’’ and inserting ‘‘at the time any such quarters of 
coverage are earned,’’. 
SEC. 503. LIMITED ELIGIBILITY FOR CREDITS. 
Notwithstanding any other provision of law, an indi-
vidual who makes a return with respect to Federal income 
tax and includes on such return an individual taxpayer 
identification number in lieu of a Social Security account 
number shall not be eligible for any refund of or credit 
against Federal income tax, including the earned income 
tax credit under section 32 of the Internal Revenue Code 
of 1986. 
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SEC. 504. REDUCING INDIVIDUAL TAXPAYER IDENTIFICA-
TION NUMBER ABUSE. 
(a) MODIFIED ITIN FORMAT AND LAWFUL PRES-
ENCE REQUIREMENT.— 
(1) IN GENERAL.—Section 6109(c) of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 6109(c)) is 
amended to read as follows: 
‘‘(c) REQUIREMENT OF INFORMATION.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the Secretary is authorized to require such in-
formation of any person as may be necessary to as-
sign an identifying number. 
‘‘(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 to an indi-
vidual who is physically present in the United 
States, the Secretary shall verify with the Depart-
ment of Homeland Security that the applicant for 
such number is lawfully present in the United 
States.’’. 
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(2) EFFECTIVE DATE.—Section 6109(c)(2) of 
the Internal Revenue Code of 1986, as added by 
paragraph (1), shall take effect no later than 30 
days after the date of 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-
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. 
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TITLE VI—EMPLOYEE 
VERIFICATION 
Subtitle A—General Provisions 
SEC. 601. MANDATORY EMPLOYMENT AUTHORIZATION 
VERIFICATION. 
(a) MAKING BASIC PILOT PROGRAM PERMANENT.— 
Section 401(b) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is amended by adding before the period at the end of the 
last sentence the following ‘‘, except that the basic pilot 
program described in section 403(a) shall be a permanent 
program’’. 
(b) MANDATORY USE OF E-VERIFY 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 E-Verify program, es-
tablished as the basic pilot program by section 
403(a) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (division C of Pub-
lic Law 104–208; 8 U.S.C. 1324a note), that each 
such individual is authorized to work in the United 
States. The Secretary of Homeland Security shall 
ensure that verification by means of a toll-free tele-
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phone line is an available option in complying with 
the preceding sentence. 
(2) SELECT
ENTITIES
REQUIRED
TO
USE
E- 
VERIFY PROGRAM IMMEDIATELY.—The following en-
tities must 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; 
and 
(C) LARGE
EMPLOYERS.—An employer 
that employs more than 250 individuals in the 
United States. 
(3) PHASING-IN FOR OTHER EMPLOYERS.— 
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(A) 2 YEARS FOR EMPLOYERS OF 100 OR 
MORE.—Entities that employ 100 or more indi-
viduals in the United States must satisfy the 
requirement in paragraph (1) by not later than 
two years after the date of the enactment of 
this Act. 
(B) 3 YEARS FOR EMPLOYERS WITH 30 OR 
MORE EMPLOYEES.—All entities that employ 30 
or more individuals in the United States must 
satisfy the requirement in paragraph (1) by not 
later than three years after the date of the en-
actment of this Act. 
(C) 4 YEARS FOR ALL EMPLOYERS.—All 
entities that employ one or more individuals in 
the United States must satisfy the requirement 
in paragraph (1) by not later than four 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 E-Verify pro-
gram by not 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 has complied 
with the requirements in paragraphs (1) and (4) 
shall not be liable for hiring an unauthorized alien, 
if— 
(A) such hiring occurred due to an error in 
the E-Verify program 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 paragraphs (1) or (4) shall— 
(A) be treated as a violation of section 
274A(a)(1)(B) with respect to each offense; and 
(B) create a rebuttable presumption that 
the 
employer 
has 
violated 
section 
274A(a)(1)(A). 
(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-
diately subject to the requirement of paragraph (1) 
pursuant to paragraph (2) or (3) from voluntarily 
using the E-Verify program to verify the employ-
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ment authorization of new hires or current employ-
ees. 
(8) STATE
INTERFERENCE.—No State may 
prohibit a person or other entity from using the E- 
verify program to verify the employment authoriza-
tion of new hires or current employees. 
SEC. 602. MANDATORY NOTIFICATION OF SSN MISMATCHES 
AND MULTIPLE USES AND DETERMINATIONS 
OF INELIGIBILITY FOR EMPLOYMENT. 
(a) NOTIFICATION
OF MULTIPLE USES
OF INDI-
VIDUAL SOCIAL SECURITY ACCOUNT NUMBERS.— 
(1) PERIODIC REVIEW OF RECORDS REGARDING 
INDIVIDUALS
FOR
MATERIAL
EMPLOYMENT-BASED 
INFORMATION.—The Commissioner of Social Secu-
rity shall review, on at least an annual basis, the 
records of the Commissioner to determine whether 
there is included in such records any material em-
ployment-based information in connection with any 
individual with respect to whom such records are 
maintained. 
(2) NOTIFICATION OF INDIVIDUALS REGARDING 
MATERIAL EMPLOYMENT-BASED INFORMATION.— 
(A) IN GENERAL.—In any case in which 
the Commissioner determines, on the basis of 
any review pursuant to paragraph (1), that 
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there is any material employment-based infor-
mation included in such records relating to any 
individual, the Commissioner shall notify such 
individual of the existence of such information 
and that such information may be evidence of 
the occurrence of identity theft. 
(B) 
REQUIREMENTS.—The 
notification 
shall be sent by letter to the individual’s ad-
dress maintained in the Commissioner’s records 
and shall include— 
(i) the name and location of each per-
son listed in such records as such individ-
ual’s employer involved, 
(ii) a statement that, if the listing re-
garding each such employer so identified in 
the notification is in fact an accurate rep-
resentation of persons who have been em-
ployers of such individual, there is no prob-
lem and no response to the notification is 
required, and 
(iii) a statement that, if the listing is 
in any respect not in fact an accurate rep-
resentation of persons who have been em-
ployers of such individual, such individual 
is requested to notify the Department of 
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Homeland Security or the Social Security 
Administration of the inaccuracy by tele-
phone or by Internet communication at a 
telephone number or website which shall be 
specified in the notification. 
(b) 
MATERIAL
EMPLOYMENT-BASED
INFORMA-
TION.—For purposes of this section, the term ‘‘material 
employment-based information’’ means, in relation to any 
individual, evidence determined, on the basis of any review 
conducted pursuant to subsection (a)(1), that— 
(1) such individual has had concurrent earnings 
from more than one employer over an extended pe-
riod, 
(2) such individual has received benefits under 
title II of the Social Security Act while engaged in 
employment, or 
(3) such individual has been engaged in employ-
ment while under the age of 16. 
(c) IDENTIFICATION
AND TREATMENT
OF UNAU-
THORIZED ALIENS.— 
(1) IDENTIFICATION OF SUSPECT EMPLOYERS 
AND EMPLOYEES AND ISSUANCE OF TENTATIVE DE-
TERMINATION OF UNAUTHORIZED ALIEN STATUS.— 
In any case in which the Social Security Administra-
tion receives a notification from an individual pursu-
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ant to subsection (a)(2)(B)(iii), the Commissioner of 
Social Security shall identify each employer involved 
and the employee of such employer actually em-
ployed in lieu of such individual, share with the Sec-
retary of Homeland Security the identity of each 
such employer and such employee, and issue a ten-
tative determination that such employee is an unau-
thorized alien (as defined in section 274A(h) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(h))) with respect to the employment. Upon 
the issuance of such tentative determination, the 
Commissioner shall notify each such employer and 
such employee that a potential identity fraud has oc-
curred in connection with the employment of such 
employee by such employer, and that such employee 
has been tentatively determined to be such an unau-
thorized alien. 
(2) ISSUANCE
OF
CONCLUSIVE
DETERMINA-
TION.—If, during the period of 30 business days fol-
lowing the date on which such employee receives 
such notification, such employee fails to offer to the 
Commissioner evidence of the employee’s correct 
identity and that such employee is not an unauthor-
ized alien (as defined in section 274A(h) of the Im-
migration and Nationality Act (8 U.S.C. 1324a(h))) 
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with respect to the employment, the Commissioner 
shall issue to such employer and such employee a 
conclusive determination that such employee is such 
an unauthorized alien. 
(3) MANDATORY
TERMINATION
OF
EMPLOY-
MENT.—The failure of such employer to immediately 
terminate such employment of such employee upon 
receipt of such conclusive determination shall be 
treated as a violation of section 274a(a)(2) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(a)(2)). 
(d) NOTIFICATION OF MISMATCHED NAME AND SO-
CIAL SECURITY 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 employees 
name or date of birth in the records of the Commissioner. 
Such notification shall instruct employers to notify listed 
employees that they have 30 business days to correct the 
mismatch with the Social Security Administration or the 
employer will be required to terminate their employment. 
The notification also shall inform employers that they may 
not terminate listed employees prior to the close of the 
30-day period. 
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(e) INFORMATION SHARING WITH THE DEPARTMENT 
OF HOMELAND SECURITY.— 
(1) Not later than 180 days following the date 
of enactment of this Act, the Commissioner of Social 
Security shall promulgate regulations in accordance 
with section 1106 of the Social Security Act (42 
U.S.C. 1306) to require that information regarding 
all unresolved mismatch notifications and regarding 
all multiple use notifications that lead to the identi-
fication of an unauthorized user of a Social Security 
account number be shared with the Secretary of 
Homeland Security on a timely basis. 
(2) Information to be shared with the Secretary 
shall include, at a minimum, the name and mailing 
address of all employees who are the subject of an 
unresolved mismatch notification or who are unau-
thorized users of another individual’s Social Security 
account number. 
SEC. 603. PENALTY FOR FAILURE TO FILE CORRECT INFOR-
MATION RETURNS. 
Section 6721 of the Internal Revenue Code of 1986 
(26 U.S.C. 6721) is amended by adding at the end the 
following: 
‘‘(f) The Secretary shall assess the maximum allow-
able penalties on 100 percent of the employers designated 
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in any tax year by the Social Security Administration as 
the most egregious noncompliant employers. 
‘‘(g) Notwithstanding any other provision in this sec-
tion, in the case of a failure described in subsection (a)(2) 
with respect to any person employing an alien not author-
ized to be so employed, the penalty under this section shall 
be determined in accordance with the following table: 
‘‘In the case of— 
Not less than— 
Not more than— 
The first offense .............
$2,500 ...........................
$5,000 
The second offense .........
$7,500 ...........................
$10,000 
The third offense ............
$25,000 .........................
$40,000.’’. 
SEC. 604. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be required to carry out this subtitle. 
Subtitle B—Self-Employed 
Subcontractors Loophole 
SEC. 611. REQUIRING SELF-EMPLOYED SUBCONTRACTORS 
TO PARTICIPATE IN EMPLOYMENT ELIGI-
BILITY VERIFICATION PILOT PROGRAM. 
Beginning with fiscal year 2010, none of the funds 
authorized to be appropriated for the Department of 
Homeland Security or the Department of Justice may be 
made available to those departments unless each State and 
local government in the United States requires, as condi-
tion on acquisition of a business license, that the applicant 
demonstrate that the applicant has verified through the 
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E-Verify program, established as the basic pilot program 
by section 403(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Pub-
lic Law 104–208; 8 U.S.C. 1324a note), that the appli-
cant, and each individual employed by the applicant, is 
authorized to work in the United States. 
Subtitle C—Prohibition on Unlaw-
ful Employment of Aliens in 
Capitol 
SEC. 621. REQUIRING LEGISLATIVE BRANCH CONTRAC-
TORS TO PARTICIPATE IN EMPLOYMENT ELI-
GIBILITY VERIFICATION PILOT PROGRAM. 
An office of the legislative branch may not enter into 
a contract for the provision of goods or services within 
the Capitol Complex with any contractor who employs in-
dividuals unless the contractor— 
(1) elects to participate in the basic pilot pro-
gram described in section 403(a) of the Illegal Im-
migration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1324a note), and is in compliance 
with the terms and conditions of such election, with 
respect to all of its employees as well as those pro-
viding goods or services under the contract; and 
(2) certifies that each of its subcontractors pro-
viding goods or services under the contract has elect-
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ed to participate in such program, and is in compli-
ance with the terms and conditions of such election, 
with respect to all of its employees as well as those 
providing goods or services under the subcontract. 
SEC. 622. CAPITOL COMPLEX DEFINED. 
For purposes of this subtitle, the ‘‘Capitol Complex’’ 
consists of the following facilities together with their 
grounds: 
(1) The United States Capitol (including the 
Capitol Visitor Center) and the Capitol Grounds. 
(2) The Cannon, Longworth, Rayburn, and 
Ford House Office Buildings. 
(3) The Russell, Dirksen, and Hart Senate Of-
fice Buildings. 
(4) The House of Representatives Child Care 
Center and the Senate Employee Child Care Center. 
(5) Any facility serving as a dormitory resi-
dence for Congressional pages. 
(6) The United States Botanic Garden. 
(7) The Jefferson, Madison, and Adams Build-
ings of the Library of Congress. 
(8) The Capitol Power Plant. 
(9) The United States Capitol Police Head-
quarters Building. 
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SEC. 623. EFFECTIVE DATE; TRANSITION FOR CURRENT 
CONTRACTS. 
(a) IN GENERAL.—This subtitle shall apply with re-
spect to contracts entered into after the expiration of the 
30-day period which begins on the date of the enactment 
of this Act. 
(b) TRANSITION FOR CURRENT CONTRACTS.—Upon 
the enactment of this Act, each office of the legislative 
branch with a contract in effect on the date of the enact-
ment of this Act which is described in section 621 shall 
obtain assurances from the contractor involved that the 
contractor will meet the requirements of such section prior 
to the expiration of the period described in subsection (a). 
Subtitle D—Coordination Between 
SSA and IRS 
SEC. 631. AVAILABILTY OF INFORMATION. 
The Commissioner of Social Security shall make 
available to the Commissioner of Internal Revenue any in-
formation 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 
earnings suspense file. 
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TITLE 
VII—PROHIBITING 
UN-
LAWFULLY PRESENT ALIENS 
FROM OBTAINING FINANCIAL 
SERVICES 
SEC. 701. FOREIGN-ISSUED FORMS OF IDENTIFICATION 
PROHIBITED AS PROOF OF IDENTITY TO 
OPEN ACCOUNTS AT FINANCIAL INSTITU-
TIONS. 
Section 5318(l) of title 31, United States Code (relat-
ing to identification and verification of accountholders) is 
inserting after paragraph (6) (as added by section 202) 
the following new paragraph: 
‘‘(7) PROHIBITION ON USE OF IDENTIFICATION 
ISSUED BY A FOREIGN GOVERNMENT.—A financial 
institution may not accept any form of identification 
that was issued by a foreign government, other than 
a passport that meets the requirement of paragraph 
(6), for use in verifying the identity of a person in 
connection with the opening of an account by such 
person at the financial institution, including a 
matricula consular issued in the United States by a 
duly authorized consular officer of the Government 
of Mexico.’’. 
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transfer to Federal custody of aliens unlawfully 
present in the United States (including the transpor-
tation of such aliens across State lines to detention 
centers and the identification of fraudulent docu-
ments); and 
(2) an immigration enforcement pocket guide 
for law enforcement personnel of a State, or of a po-
litical subdivision of a State, to provide a quick ref-
erence for such personnel in the course of duty. 
(b) AVAILABILITY.—The training manual and pocket 
guide established in accordance with subsection (a) shall 
be made available to all State and local law enforcement 
personnel. 
(c) APPLICABILITY.—Nothing in this section shall be 
construed to require State or local law enforcement per-
sonnel to carry the training manual or pocket guide with 
them while on duty. 
(d) COSTS.—The Secretary of Homeland Security 
shall be responsible for any costs incurred in establishing 
the training manual and pocket guide. 
(e) TRAINING FLEXIBILITY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall make training of State and local law 
enforcement officers available through as many 
means as possible, including through residential 
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