(2) PERFORMANCE
STANDARDS.—In making 
the improvements required in paragraph (1), the 
Commissioner shall—
(A) make the card as secure against coun-
terfeiting as the 100 dollar Federal Reserve 
note, with a rate of counterfeit detection com-
parable to the 100 dollar Federal Reserve note; 
and 
(B) make the card as secure against fraud-
ulent use as a United States passport. 
(3) DEFINITION.—In this section, the term ‘‘se-
cured social security account number card’’ means a 
social security account number card issued in ac-
cordance with the requirements of this paragraph. 
(4) EFFECTIVE DATE.—All social security ac-
count number cards issued after January 1, 2005, 
whether new or replacement, shall be secured social 
security account number cards. 
SEC. 119. BIRTH CERTIFICATES. 
Subsection (a) of section 656 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 1996 
(5 U.S.C. 301 note) is amended to read as follows: 
‘‘(a) BIRTH CERTIFICATES.—
‘‘(1) LIMITATION
ON
ACCEPTANCE.—(A) No 
Federal agency, including but not limited to the So-
cial Security Administration and the Department of 
State, and no State agency that issues driver’s li-
censes or identification documents, may accept for 
any official purpose a copy of a birth certificate, as 
defined in paragraph (5), unless it is issued by a 
State or local authorized custodian of record and it 
conforms to standards described in subparagraph 
(B). 
‘‘(B) The standards described in this subpara-
graph are those set forth in regulations promulgated 
by the Federal agency designated by the President, 
after consultation with such other Federal agencies 
as the President shall designate and with State vital 
statistics offices, and shall—
‘‘(i) include but not be limited to—
‘‘(I) 
certification 
by 
the 
agency 
issuing the birth certificate; and 
‘‘(II) use of safety paper, the seal of 
the issuing agency, and other features de-
signed to limit tampering, counterfeiting, 
and photocopying, or otherwise duplicating, 
for fraudulent purposes; 
‘‘(ii) not require a single design to which 
the official birth certificate copies issued by 
each State must conform; and
‘‘(iii) accommodate the differences between 
the States in the manner and form in which 
birth records are stored and in how birth cer-
tificate copies are produced from such records. 
‘‘(2) LIMITATION ON ISSUANCE.—(A) If one or 
more of the conditions described in subparagraph 
(B) is present, no State or local government agency 
may issue an official copy of a birth certificate per-
taining to an individual unless the copy prominently 
notes that such individual is deceased. 
‘‘(B) The conditions described in this subpara-
graph include— 
‘‘(i) the presence on the original birth cer-
tificate of a notation that the individual is de-
ceased, or 
‘‘(ii) actual knowledge by the issuing agen-
cy that the individual is deceased obtained 
through information provided by the Social Se-
curity Administration, by an interstate system 
of birth-death matching, or otherwise. 
‘‘(3) GRANTS
TO
STATES.—(A)(i) The Sec-
retary of Health and Human Services, in consulta-
tion with other agencies designated by the President, 
shall establish a fund, administered through the Na-
tional Center for Health Statistics, to provide grants
to the States to encourage them to develop the capa-
bility to match birth and death records, within each 
State and among the States, and to note the fact 
of death on the birth certificates of deceased per-
sons. In developing the capability described in the 
preceding sentence, States shall focus first on per-
sons who were born after 1950. 
‘‘(ii) Such grants shall be provided in propor-
tion to population and in an amount needed to pro-
vide a substantial incentive for the States to develop 
such capability. 
‘‘(B) The Secretary of Health and Human 
Services shall establish a fund, administered through 
the National Center for Health Statistics, to provide 
grants to the States for a project in each of 5 States 
to demonstrate the feasibility of a system by which 
each such State’s office of vital statistics would be 
provided, within 24 hours, sufficient information to 
establish the fact of death of every individual dying 
in such State. 
‘‘(C) There are authorized to be appropriated to 
the Department of Health and Human Services such 
amounts as may be necessary to provide the grants 
described in subparagraphs (A) and (B).
‘‘(4) REPORT.—(A) Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Health and Human Services shall submit 
a report to the Congress on ways to reduce the 
fraudulent obtaining and the fraudulent use of birth 
certificates, including any such use to obtain a social 
security account number or a State or Federal docu-
ment related to identification or immigration. 
‘‘(B) Not later than one year after the date of 
enactment of this Act, the agency designated by the 
President in paragraph (1)(B) shall submit a report 
setting forth, and explaining, the regulations de-
scribed in such paragraph. 
‘‘(C) There are authorized to be appropriated to 
the Department of Health and Human Services such 
amounts as may be necessary for the preparation of 
the report described in subparagraph (A). 
‘‘(5) CERTIFICATE OF BIRTH.—As used in this 
section, the term ‘birth certificate’ means a certifi-
cate of birth of—
‘‘(A) a person born in the United States, 
or 
‘‘(B) a person born abroad who is a citizen 
or national of the United States at birth, whose 
birth is registered in the United States.
‘‘(6) EFFECTIVE DATES.—
‘‘(A) Except as otherwise provided in sub-
paragraph (B) and in paragraph (4), this sub-
section shall take effect two years after the en-
actment of the Border Enforcement and Revolv-
ing Employment to Assist Laborers Act of 
2003. 
‘‘(B) Paragraph (1)(A) shall take effect 
two years after the submission of the report de-
scribed in paragraph (4)(B).’’. 
Subtitle B—Removing the 
Incentives to Illegal Migration 
SEC. 141. EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS AND ELIMINATION OF EXAMINATION OF 
DOCUMENTATION REQUIREMENT. 
(a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 
is amended—
(1) in subsection (a)(1)(A), by striking ‘‘for a 
fee’’; 
(2) in subsection (a)(3)—
(A) 
by 
inserting 
‘‘(A)’’ 
after
‘‘DEFENSE.—’’; and 
(B) by adding at the end the following: 
‘‘(B) 
FAILURE
TO
SEEK
AND
OBTAIN 
VERIFICATION.—In the case of a hiring of an indi-
vidual for employment in the United States by a 
person or entity, the following requirements apply: 
‘‘(i) FAILURE TO SEEK VERIFICATION.—
‘‘(I) IN GENERAL.—If the person or 
entity has not made an inquiry, under the 
mechanism established under subsection 
(b)(4), seeking verification of the identity, 
social security number, and work eligibility 
of the individual, by not later than the end 
of 3 working days (as specified by the Sec-
retary of Homeland Security) after the 
date of the hiring, the defense under sub-
paragraph (A) shall not be considered to 
apply with respect to any employment after 
such 3 working days, except as provided in 
subclause (II). 
‘‘(II) SPECIAL RULE FOR FAILURE OF 
VERIFICATION MECHANISM.—If such a per-
son or entity in good faith attempts to 
make an inquiry during such 3 working 
days in order to qualify for the defense 
under 
subparagraph 
(A) 
and 
the 
verification mechanism has registered that 
not all inquiries were responded to during 
such time, the person or entity can make
an inquiry until the end of the first subse-
quent working day in which the verification 
mechanism registers no nonresponses and 
qualify for such defense. 
‘‘(ii) 
FAILURE
TO
OBTAIN 
VERIFICATION.—If the person or entity has 
made the inquiry described in clause (i)(I) but 
has not received an appropriate verification of 
such identity, number, and work eligibility 
under such mechanism within the time period 
specified under subsection (b)(4)(B) after the 
time the verification inquiry was received, the 
defense under subparagraph (A) shall not be 
considered to apply with respect to any employ-
ment after the end of such time period.’’; 
(3) in subsection (b)(1)—
(A) by amending the paragraph heading to 
read as follows: 
‘‘(1) ATTESTATION.—’’; and 
(B) by amending subparagraph (A) to read 
as follows: 
‘‘(A) IN GENERAL.—The person or entity 
must attest, under penalty of perjury and on a 
form designated or established by the Secretary 
of Homeland Security by regulation, that it has
verified that the individual is not an unauthor-
ized alien by obtaining from the individual the 
individual’s social security account number and 
recording the number on the form (if the indi-
vidual claims to have been issued such a num-
ber), and, if the individual does not attest to 
United States citizenship under paragraph (2), 
obtaining such identification or authorization 
number established by the Department of 
Homeland Security for the alien as the Sec-
retary may specify, and recording such number 
on the form.’’; 
(4) in subsection (b)(2), by adding at the end 
the following: ‘‘The individual must also provide that 
individual’s social security account number (if the 
individual claims to have been issued such a num-
ber), and, if the individual does not attest to United 
States citizenship under this paragraph, such identi-
fication or authorization number established by the 
Department of Homeland Security for the alien as 
the Secretary of Homeland Security may specify.’’; 
and 
(5) by amending subsection (b)(3) to read as 
follows:
‘‘(3) RETENTION OF VERIFICATION FORM AND 
VERIFICATION.—
‘‘(A) IN
GENERAL.—After completion of 
such form in accordance with paragraphs (1) 
and (2), the person or entity must—
‘‘(i) retain the form and make it avail-
able for inspection by officers of the De-
partment of Homeland Security, the Spe-
cial Counsel for Immigration-Related Un-
fair Employment Practices, or the Depart-
ment of Labor during a period beginning 
on the date of the hiring, recruiting, or re-
ferral of the individual and ending—
‘‘(I) in the case of the recruiting 
or referral for a fee (without hiring) 
of an individual, three years after the 
date of the recruiting or referral; and 
‘‘(II) in the case of the hiring of 
an individual, the later of—
‘‘(aa) three years after the 
date of such hiring; or 
‘‘(bb) one year after the 
date the individual’s employment 
is terminated; and
‘‘(ii) make an inquiry, as provided in 
paragraph (4), using the verification sys-
tem to seek verification of the identity and 
employment eligibility of an individual, by 
not later than the end of 3 working days 
(as specified by the Secretary of Homeland 
Security) after the date of the hiring (or 
recruitment or referral, as the case may 
be). 
‘‘(B) VERIFICATION.—
‘‘(i) VERIFICATION RECEIVED.—If the 
person or other entity receives an appro-
priate verification of an individual’s iden-
tity 
and 
work 
eligibility 
under 
the 
verification system within the time period 
specified, the person or entity shall record 
on the form an appropriate code that is 
provided under the system and that indi-
cates a final verification of such identity 
and work eligibility of the individual. 
‘‘(ii) TENTATIVE
NONVERIFICATION 
RECEIVED.—If the person or other entity 
receives a tentative nonverification of an 
individual’s identity or work eligibility 
under the verification system within the
time period specified, the person or entity 
shall so inform the individual for whom the 
verification is sought. If the individual does 
not contest the nonverification within the 
time period specified, the nonverification 
shall be considered final. The person or en-
tity shall then record on the form an ap-
propriate code which has been provided 
under the system to indicate a tentative 
nonverification. If the individual does con-
test the nonverification, the individual shall 
utilize 
the 
process 
for 
secondary 
verification provided under paragraph (4). 
The nonverification will remain tentative 
until a final verification or nonverification 
is provided by the verification system with-
in the time period specified. In no case 
shall an employer terminate employment of 
an individual because of a failure of the in-
dividual to have identity and work eligi-
bility confirmed under this section until a 
nonverification becomes final. Nothing in 
this clause shall apply to a termination of 
employment for any reason other than be-
cause of such a failure.
‘‘(iii) 
FINAL
VERIFICATION
OR 
NONVERIFICATION
RECEIVED.—If a final 
verification or nonverification is provided 
by the verification system regarding an in-
dividual, the person or entity shall record 
on the form an appropriate code that is 
provided under the system and that indi-
cates a verification or nonverification of 
identity and work eligibility of the indi-
vidual. 
‘‘(iv) EXTENSION
OF
TIME.—If the 
person or other entity in good faith at-
tempts to make an inquiry during such 3 
working days and the verification system 
has registered that not all inquiries were 
received during such time, the person or 
entity may make an inquiry in the first 
subsequent working day in which the 
verification system registers that it has re-
ceived all inquiries. If the verification sys-
tem 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 pre-
vious sentence to apply to such an inquiry,
and does not have to provide any addi-
tional proof concerning such inquiry. 
‘‘(v) 
CONSEQUENCES
OF 
NONVERIFICATION.—If the person or other 
entity has received a final nonverification 
regarding an individual, the person or enti-
ty shall terminate employment (or recruit-
ment or referral) of the individual.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 2 years after the date of 
the enactment of this Act. Retention of form requirements 
under section 274A(b)(3) of the Immigration and Nation-
ality Act, as in effect before such effective date, shall re-
main in effect as if this section had not been enacted for 
forms completed before such effective date. 
SEC. 142. EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM. 
(a) IN GENERAL.—Section 274A(b)(4) (8 U.S.C. 
1324a(b)(4)) is amended to read as follows: 
‘‘(4) EMPLOYMENT ELIGIBILITY VERIFICATION 
SYSTEM.—
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall establish a verification 
system through which the Secretary (or a des-
ignee of the Secretary, which may be a non-
governmental entity)—
‘‘(i) responds to inquiries made by 
persons at any time through a toll-free 
telephone line or other toll-free electronic 
media concerning an individual’s identity 
and whether the individual is authorized to 
be employed; and 
‘‘(ii) maintains records of the inquir-
ies that were made, of verifications pro-
vided (or not provided), and of the codes 
provided to inquirers as evidence of their 
compliance with their obligations under 
this section. 
To the extent practicable, the Secretary shall 
seek to establish such a system using one or 
more nongovernmental entities. 
‘‘(B) INITIAL RESPONSE.—The verification 
system shall provide verification or a tentative 
nonverification of an individual’s identity and 
employment eligibility within 3 working days of 
the initial inquiry. If providing verification or 
tentative nonverification, the verification system 
shall provide an appropriate code indicating 
such verification or such nonverification.
‘‘(C) SECONDARY VERIFICATION PROCESS 
IN CASE OF TENTATIVE NONVERIFICATION.—In 
cases of tentative nonverification, the Secretary 
of Homeland Security shall specify, in consulta-
tion with the Commissioner of Social Security, 
an available secondary verification process to 
confirm the validity of information provided and 
to provide a final verification or nonverification 
within 7 working days after the date of the ten-
tative nonverification. When final verification or 
nonverification is provided, the verification sys-
tem shall provide an appropriate code indicating 
such verification or nonverification. 
‘‘(D) DESIGN
AND
OPERATION
OF
SYS-
TEM.—The verification system shall be designed 
and operated—
‘‘(i) to maximize its reliability and 
ease of use by persons and other entities 
consistent with insulating and protecting 
the privacy and security of the underlying 
information; 
‘‘(ii) to respond to all inquiries made 
by such persons and entities on whether 
individuals are authorized to be employed
and to register all times when such inquir-
ies are not received; 
‘‘(iii) with appropriate administrative, 
technical, and physical safeguards to pre-
vent unauthorized disclosure of personal 
information; and 
‘‘(iv) to have reasonable safeguards 
against the system’s resulting in unlawful 
discriminatory practices based on national 
origin or citizenship status, including—
‘‘(I) the selective or unauthorized 
use of the system to verify eligibility; 
‘‘(II) the use of the system prior 
to an offer of employment; or 
‘‘(III) the exclusion of certain in-
dividuals from consideration for em-
ployment as a result of a perceived 
likelihood that additional verification 
will be required, beyond what is re-
quired for most job applicants. 
‘‘(E) RESPONSIBILITIES OF THE COMMIS-
SIONER OF SOCIAL SECURITY.—As part of the 
verification system, the Commissioner of Social 
Security, in consultation with the entity respon-
sible for administration of the system, shall es-
tablish a reliable, secure method, which, within 
the time periods specified under subparagraphs 
(B) and (C), verifies, for each individual whose 
identity and employment eligibility must be con-
firmed under this section, the individual’s name 
and social security account number, the cor-
respondence of the name and number, and 
whether the social security number presented is 
valid for employment. The Commissioner shall 
not disclose or release social security informa-
tion 
(other 
than 
such 
verification 
or 
nonverification). If, in carrying out this sub-
paragraph, the Commissioner becomes aware of 
a suspicious pattern of use of a social security 
account number, the Commissioner shall inves-
tigate such suspicious pattern, or shall notify 
the Secretary of Homeland Security of it. Noth-
ing in the Social Security Act or any other pro-
vision of law shall be construed to prevent the 
Commissioner from so notifying the Secretary. 
Upon receipt of such notification, the Secretary 
shall investigate in lieu of the Commissioner. 
‘‘(F) RESPONSIBILITIES
OF
THE
SEC-
RETARY OF HOMELAND SECURITY.—As part of 
the verification system, the Secretary of Home-
land Security, in consultation with the entity 
responsible for administration of the system, 
shall establish a reliable, secure method, which, 
within the time periods specified under sub-
paragraphs (B) and (C), compares the name 
and alien identification or authorization number 
which are provided in an inquiry against such 
information maintained by the Secretary in 
order to validate (or not validate) the informa-
tion provided, the correspondence of the name 
and number, and whether the alien is author-
ized to be employed in the United States. 
‘‘(G) 
UPDATING
INFORMATION.—The 
Commissioner of Social Security and the Sec-
retary of Homeland Security shall update their 
information in a manner that promotes the 
maximum accuracy and shall provide a process 
for the prompt correction of erroneous informa-
tion, including instances in which it is brought 
to their attention in the secondary verification 
process described in subparagraph (C). 
‘‘(H) 
LIMITATION
ON
USE
OF
THE 
VERIFICATION SYSTEM AND ANY RELATED SYS-
TEMS.—Nothing in this paragraph shall be con-
strued to authorize, directly or indirectly, the
issuance or use of national identification cards 
or the establishment of a national identification 
card. 
‘‘(I) FEDERAL TORT CLAIMS ACT.—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 mech-
anism of the Federal Tort Claims Act, and in-
junctive relief to correct such error. No class 
action may be brought under this subpara-
graph. 
‘‘(J) PROTECTION
FROM
LIABILITY
FOR 
ACTIONS TAKEN ON THE BASIS OF INFORMA-
TION.—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 mecha-
nism established under this paragraph.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 2 years after the date of 
the enactment of this Act.
SEC. 143. ADJUSTMENT OF STATUS APPLICATIONS. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended—
(1) by striking subsections (a) through (i) and 
subsection (k); 
(2) by redesignating subsections (j), (l) and (m) 
as subsections (b), (c) and (d), respectively; and 
(3) by inserting before subsection (b) (as so re-
designated) the following: 
‘‘(a) Except as provided in subsection (b), (c), or (d), no 
alien inspected and admitted to the United States on a 
nonimmigrant visa or who entered the United States with-
out inspection may seek to adjust his status to that of 
an alien lawfully admitted for permanent residence while 
the alien is physically present in the United States.’’.
SEC. 144. REVOCATION OF TEMPORARY STATUS. 
(a) TERMINATION OF ASYLUM.—Section 208(c)(2) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1158(c)(2)) is amended by striking ‘‘may be terminated 
if the Attorney General’’ and inserting ‘‘shall be termi-
nated if the Secretary of Homeland Security’’. 
(b) ALIENS ELIGIBLE FOR TEMPORARY PROTECTED 
STATUS.—Section 244(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1254a(c)) is amended—
(1) in subparagraph (3)—
(A) by striking ‘‘except as provided in 
paragraph (4) and permitted in subsection 
(f)(3),’’; and
(B) by inserting before the comma at the 
end ‘‘, except where a brief trip abroad is re-
quired by emergency and authorized prior to 
the alien’s travel by the Secretary of Homeland 
Security or is due to extenuating circumstances 
outside the control of the alien’’; and 
(2) by striking paragraph (4) and redesignating 
paragraphs (5) and (6) as paragraphs (4) and (5), 
respectively. 
(c) BENEFITS
AND STATUS DURING PERIOD
OF 
TEMPORARY PROTECTED STATUS.—Section 244(f) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(f)) is 
amended—
(1) by adding ‘‘and’’ at the end of paragraph 
(2); 
(2) by striking paragraph (3); and 
(3) by redesignating paragraph (4) as para-
graph (5). 
SEC. 145. REPEAL OF AMNESTY PROVISION. 
(a) IN GENERAL.—Section 249 of the Immigration 
and Nationality Act (8 U.S.C. 1259) is repealed. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
striking the item relating to section 249.
SEC. 146. PROHIBITION ON ISSUANCE OF INDIVIDUAL TAX-
PAYER IDENTIFICATION NUMBER TO ALIENS 
UNLAWFULLY PRESENT. 
Section 6109(c) of the Internal Revenue Code of 
1986 (26 U.S.C. 6109(c)) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘For purposes of 
this section,’’; and 
(2) by adding at the end the following: 
‘‘(2) the Secretary is required to verify with the 
Bureau of Citizenship and Immigration Services 
that the applicant for any identifying number, other 
than a Social Security account number, to be as-
signed by the Secretary is lawfully present in the 
United States.’’. 
TITLE II—REVOLVING EMPLOY-
MENT TO ASSIST LABORERS 
Subtitle A—Prerequisites to Guest 
Worker Program 
SEC. 201. CERTIFICATIONS. 
(a) SECRETARY OF HOMELAND SECURITY.—Prior to 
the implementation of the program described in subtitle 
B, the Secretary of Homeland Security, in consultation 
with the Attorney General and the Secretary of State, 
shall certify to the Congress the following: 
(1) The integrated entry and exit data system 
required under section 110 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1221 note) and section 302 of the 
Enhanced Border Security and Visa Entry Reform 
Act of 2002 (8 U.S.C. 1731) is fully implemented 
and functional, all ports of entry have functional bio-
metric machine readers, and the entry into and de-
parture from the United States of all noncitizens is 
recorded. 
(2) All noncitizens already in the United States 
legally, and all aliens authorized to enter the United 
States, have been issued biometric, machine-readable 
travel or entry documents, as required by section 
303 of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (8 U.S.C. 1732). 
(3) Neither immigrant nor nonimmigrant visas 
are issued to nationals of foreign states that refuse 
to permit the return of their nationals who are or-
dered removed from the United States. 
(4) 
The 
electronic 
employment 
eligibility 
verification system described in section 274A(b)(4) 
of the Immigration and Nationality Act (as amended 
by section 142 of this Act) is fully implemented and 
functional and all employers in the United States 
have access to the system.