137 
(1) IN GENERAL.—Section 205(c)(2)(B)(ii) of 
the Social Security Act (42 U.S.C. 405(c)(2)(B)(ii)) 
is amended— 
(A) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and 
(B) by adding at the end the following new 
subclause: 
‘‘(II) With respect to an applica-
tion for a social security account num-
ber for an individual, other than for 
purposes of enumeration at birth, the 
Commissioner 
shall 
require 
inde-
pendent verification of any birth 
record provided by the applicant in 
support of the application.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by subsection (a) shall take effect and apply with re-
spect to applications filed on or after the date that 
is 180 days after the date of the enactment of this 
Act. 
(e) ELECTRONIC BIRTH AND DEATH REGISTRATION 
SYSTEMS.—In consultation with the Secretary of Health 
and Human Services and the Commissioner of Social Se-
curity, the Secretary of Homeland Security shall— 
(1) work with the States to establish a common 
data set and common data exchange protocol for
138 
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 six months after the date of 
the enactment of this Act, submit to Congress a re-
port examining whether there is a need for Federal 
laws to address penalties for fraud and misuse of 
vital records and whether violations are sufficiently 
enforced; 
(7) not later than one year after the date of the 
enactment of this Act—
139 
(A) establish a process with the Secretary 
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; and 
(B) establish a process with the Secretary 
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; 
and 
(8) not later than three years after the date of 
the establishment of databases provided for under 
this section, require States to record and retain elec-
tronic records of pertinent identification information 
collected from requesters who are not the reg-
istrants. 
(f) ELECTRONIC VERIFICATION OF VITAL EVENTS.— 
(1) LEAD AGENCY.—The Secretary of Health 
and Human Services shall lead the implementation 
of electronic verification of a person’s birth and 
death. 
(2) REGULATIONS.—In carrying out paragraph 
(1), such Secretary shall promulgate regulations to
140 
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 partici-
pating vital records jurisdiction throughout the 
United States to verify the contents of a paper birth 
certificate. Pursuant to the regulations, an electronic 
response from the participating vital records juris-
diction as to whether there is a birth record in the 
database of such jurisdiction that matches the paper 
birth certificate will be returned to the user, along 
with an indication if the matching birth record has 
been marked as deceased. The regulations shall take 
effect not later than five years after the date of the 
enactment of this Act. 
(g) GRANTS
TO
STATES
AND
LOCAL
GOVERN-
MENTS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security may make grants to a State or local gov-
ernment to assist the State or local government to 
conform to the minimum standards set forth in this 
section. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to such Sec-
retary for each of the fiscal years 2007 through
141 
2011 such sums as may be necessary to carry out 
this section. 
(h) AUTHORITY.— 
(1) PARTICIPATION
WITH
FEDERAL
AGEN-
CIES.—All authority to issue regulations, certify 
standards, and issue grants under this section shall 
be carried out by the Secretary, with the concur-
rence of the Secretary of Health and Human Serv-
ices and in consultation with State vital statistics of-
fices and appropriate Federal agencies. 
(2) EXTENSION
OF
DEADLINES.—The Sec-
retary may grant to a State an extension of time to 
meet the requirements of subsection (b)(1)(A) of 
this section if, in the discretion of the Secretary, the 
State provides adequate justification for noncompli-
ance. 
(i) REPEAL.—Section 7211 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law 
108–458) is repealed.
142 
Subtitle F—Limitations on Illegal 
Alien Collection of Social Security 
SEC. 451. EXCLUSION OF UNAUTHORIZED EMPLOYMENT 
FROM EMPLOYMENT UPON WHICH CRED-
ITABLE WAGES MAY BE BASED. 
Section 210(a)(19) of the Social Security Act (42 
U.S.C. 410(a)(19)) is amended— 
(1) by striking ‘‘(19) Service’’ and inserting the 
following: 
‘‘(19)(A) Service performed by an alien while 
employed in the United States for any period during 
which the alien is not authorized to be so employed. 
‘‘(B) Service’’. 
SEC. 452. EXCLUSION OF UNAUTHORIZED FUNCTIONS AND 
SERVICES FROM TRADE OR BUSINESS FROM 
WHICH CREDITABLE SELF-EMPLOYMENT IN-
COME MAY BE DERIVED. 
Section 211(c) of the Social Security Act (42 U.S.C. 
411(c)) is amended by inserting after paragraph (6) the 
following new paragraph: 
‘‘(7) The performance of a function or service 
in the United States by an alien during any period 
for which the alien is not authorized to perform such 
function or service in the United States.’’.
143 
SEC. 453. EFFECTIVE DATE. 
The amendments made by this subtitle shall apply 
with respect to wages earned, and self-employment income 
derived, before, on, or after the date of the enactment of 
this Act. 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 Commis-
sioner of Social Security shall recompute all primary in-
surance amounts to the extent necessary to carry out such 
amendments. Such amendments shall affect benefits only 
for months after the date of the enactment of this Act. 
SEC. 454. AUTHORIZED APPROPRIATIONS. 
In addition to amounts otherwise authorized to be ap-
propriated, there are authorized to be appropriated such 
sums as may be necessary for each of fiscal years 2007 
through 2011 to carry out this title. 
TITLE V—PENALTIES AND 
ENFORCEMENT 
Subtitle A—Criminal and Civil 
Penalties 
SEC. 501. CRIMINAL PENALTIES FOR ALIEN SMUGGLING. 
Section 274(a) of the Immigration and Nationality 
Act (8 U.S.C. 1324(a)) is amended— 
(1) in paragraph (1)(B)— 
(A) in clause (i), by striking ‘‘10 years’’ 
and inserting ‘‘15 years’’;
144 
(B) in clause (ii), by striking ‘‘5 years’’ 
and inserting ‘‘10 years’’; and 
(C) in clause (iii), by striking ‘‘20 years’’ 
and inserting ‘‘40 years’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘one 
year, or both; or’’ and inserting ‘‘3 years, or 
both’’; 
(B) in subparagraph (B)— 
(i) in clause (i), by adding at the end 
the following: ‘‘be fined under title 18, 
United States Code, and imprisoned not 
less than 5 years nor more than 25 
years,’’; 
(ii) in clause (ii), by striking ‘‘or’’ at 
the end and inserting the following: ‘‘be 
fined under title 18, United States Code, 
and imprisoned not less than 3 years not 
more than 20 years, or’’; 
(iii) in clause (iii), by adding at the 
end the following: ‘‘be fined under title 18, 
United States Code, and imprisoned not 
more than 15 years, or’’; and
145 
(iv) by striking the matter following 
clause (iii) and inserting the following new 
subparagraph: 
‘‘(C) in the case of a third or subsequent 
offense described in subparagraph (B) and for 
any other violation, shall be fined under title 
18, United States Code, and imprisoned not 
less than 5 years nor more than 15 years.’’; 
(3) in paragraph (3)(A), by striking ‘‘5 years’’ 
and inserting ‘‘10 years’’; 
(4) in paragraph (3)(B), by striking ‘‘brought 
into’’ and inserting ‘‘transported, harbored, shel-
tered, or encouraged or induced to enter or reside 
in’’; and 
(5) in paragraph (4), by striking ‘‘10 years’’ 
and inserting ‘‘20 years’’. 
SEC. 502. STRENGTHENED ENFORCEMENT OF ALIEN REG-
ISTRATION LAWS. 
(a) FORMS AND PROCEDURE.—Section 264(e) of the 
Immigration and Nationality Act (8 U.S.C. 1304(e)) is 
amended— 
(1) in the first sentence, by inserting ‘‘willfully’’ 
before ‘‘fails to comply’’; and
146 
(2) in the second sentence, by striking ‘‘$100’’ 
and ‘‘thirty days’’ and inserting ‘‘$2,000’’ and ‘‘18 
months’’. 
(b) PENALTIES.—Section 266 of such Act (8 U.S.C. 
1306) is amended— 
(1) in subsection (a), by striking ‘‘$1,000’’ and 
‘‘six months’’ and inserting ‘‘$2,000’’ and ‘‘18 
months’’; 
(2) in subsection (b), by inserting ‘‘willfully’’ 
before ‘‘fails to give written notice’’, and by striking 
‘‘$200’’ and ‘‘thirty days’’ and inserting ‘‘$2,000’’ 
and ‘‘18 months’’; 
(3) in subsection (c)— 
(A) by striking ‘‘be guilty of a mis-
demeanor and shall, upon conviction thereof,’’; 
and 
(B) 
by 
striking 
‘‘$1,000’’ 
and 
‘‘six 
months’’ and inserting ‘‘$2,000’’ and ‘‘18 
months’’; and 
(4) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) AUTHORITY TO ARREST.—No officer or person 
shall have authority to make an arrest for a violation of 
any provision of this section except officers and employees 
so authorized under the provisions of section 287, and all
147 
other law enforcement officers whose duty it is to enforce 
criminal laws, unless designated, individually or as a class, 
by the Secretary of Homeland Security.’’. 
SEC. 503. CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF 
ALIENS 
AT 
IMPROPER 
TIME 
OR 
PLACE, 
AVOIDANCE OF EXAMINATION OR INSPEC-
TION, UNLAWFUL PRESENCE AND MISREPRE-
SENTATION OR CONCEALMENT OF FACTS. 
Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended to read as follows: 
‘‘ENTRY AT IMPROPER TIME OR PLACE; AVOIDANCE OF 
EXAMINATION
OR
INSPECTION; UNLAWFUL
PRES-
ENCE; MISREPRESENTATION OR CONCEALMENT OF 
FACTS 
‘‘SEC. 275. (a) IN GENERAL.—Any alien who— 
‘‘(1) enters or attempts to enter the United 
States at any time or place other than as designated 
by immigration officers; 
‘‘(2) eludes examination or inspection by immi-
gration officers; or 
‘‘(3) attempts to enter or obtains entry to the 
United States by a willfully false or misleading rep-
resentation or the willful concealment of a material 
fact, 
shall, for the first commission of any such offense, be fined 
under title 18, United States Code, or imprisoned not