I 
110TH CONGRESS 
2D SESSION 
H. R. 6789 
To remove the incentives and loopholes that encourage illegal aliens to come 
to the United States to live and work, provide additional resources 
to local law enforcement and Federal border and immigration officers, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2008 
Mr. GARY G. MILLER of California (for himself, Mr. ROHRABACHER, Mr. 
GALLEGLY, Mr. DAVID DAVIS of Tennessee, Mr. CAMPBELL of California, 
Mr. DREIER, Mr. BOOZMAN, and Mr. DEAL of Georgia) introduced the 
following bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Oversight and Government Reform, 
Education and Labor, House Administration, Financial Services, Home-
land Security, and Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To remove the incentives and loopholes that encourage illegal 
aliens to come to the United States to live and work, 
provide additional resources to local law enforcement and 
Federal border and immigration officers, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Loophole Elimination 
and Verification Enforcement Act’’ or the ‘‘LEAVE Act’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to prohibit all activities 
that assist, encourage, direct, or induce an alien to reside 
in or remain in the United States or to attempt to reside 
in the United States, knowing or in reckless disregard of 
the fact that the alien is not authorized to be present in 
the United States. 
SEC. 3. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Purpose. 
Sec. 3. Table of contents. 
TITLE I—ALIEN SMUGGLING AND RELATED OFFENSES 
Sec. 101. Alien smuggling and related offenses. 
TITLE II—IDENTITY SECURITY 
Subtitle A—Photo Identification 
Sec. 201. Forms of acceptable identification for Federal Government purposes. 
Sec. 202. Forms of acceptable identification for financial institutions. 
Subtitle B—No Driver’s Licenses for Illegals 
Sec. 211. Prohibition on issuing driver’s licenses to illegal aliens. 
Subtitle C—Stopping Social Security Number Abuse 
Sec. 221. Effect of final regulation on ‘‘no-match’’ letters. 
Subtitle D—Birth/Death Registry 
Sec. 231. Establishment of electronic birth and death registration systems. 
Subtitle E—Reform of Passport Fraud Offenses 
Sec. 241. Trafficking in passports. 
Sec. 242. False statement in an application for a passport. 
Sec. 243. Forgery and unlawful production of a passport. 
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Sec. 244. Misuse of a passport. 
Sec. 245. Schemes to defraud aliens. 
Sec. 246. Immigration and visa fraud. 
Sec. 247. Alternative imprisonment maximum for certain offenses. 
Sec. 248. Attempts, conspiracies, jurisdiction, and definitions. 
Sec. 249. Clerical amendment. 
TITLE III—BIRTHRIGHT CITIZENSHIP 
Sec. 301. Citizenship at birth for certain persons born in the United States. 
TITLE IV—HOUSING AND HOMEOWNERSHIP 
Sec. 401. Mortgages prohibited for principal residences of individuals who lack 
valid personal identification. 
Sec. 402. Prohibition on public housing and section 8 rental assistance for ille-
gal aliens. 
Sec. 403. Prohibition on renting of dwelling units to illegal aliens. 
Sec. 404. Prohibition on Federal and government-sponsored enterprise support 
for mortgages for illegal aliens. 
TITLE V—TAXES AND SOCIAL SECURITY 
Sec. 501. No totalization agreements that will benefit illegals. 
Sec. 502. No Social Security credit for work performed while unlawfully 
present. 
Sec. 503. Limited eligibility for credits. 
Sec. 504. Reducing individual taxpayer identification number abuse. 
TITLE VI—EMPLOYEE VERIFICATION 
Subtitle A—General Provisions 
Sec. 601. Mandatory employment authorization verification. 
Sec. 602. Mandatory notification of SSN mismatches and multiple uses and de-
terminations of ineligibility for employment. 
Sec. 603. Penalty for failure to file correct information returns. 
Sec. 604. Authorization of appropriations. 
Subtitle B—Self-Employed Subcontractors Loophole 
Sec. 611. Requiring self-employed subcontractors to participate in employment 
eligibility verification pilot program. 
Subtitle C—No Illegals Working in the Capitol 
Sec. 621. Requiring legislative branch contractors to participate in employment 
eligibility verification pilot program. 
Sec. 622. Capitol complex defined. 
Sec. 623. Effective date; transition for current contracts. 
Subtitle D—Coordination Between SSA and IRS 
Sec. 631. Availabilty of information. 
TITLE VII—PROHIBITING ILLEGALS FROM OBTAINING FINANCIAL 
SERVICES 
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Sec. 701. Foreign-issued forms of identification prohibited as proof of identity 
to open accounts at financial institutions. 
Sec. 702. ‘‘Know your customer’’ regulations applied to certain transmitting 
businesses. 
Sec. 703. Requirements relating to the United States Postal Service. 
Sec. 704. Applicability of identification rules to certain transactions involving 
the Federal Reserve Board, including the Directo a Me´xico 
program. 
TITLE VIII—BORDER AND LAW ENFORCEMENT 
Sec. 801. Construction of border fencing and security improvements. 
Sec. 802. Increase in full-time Border Patrol agents. 
Sec. 803. Increase in number of ICE agents. 
TITLE IX—STATE AND LOCAL GOVERNMENT AUTHORITY 
Subtitle A—General Provisions—State and Local Government Authority 
Sec. 901. State defined; severability. 
Sec. 902. Federal affirmation of assistance in the immigration law enforcement 
by States and political subdivisions of States. 
Sec. 903. State authorization for assistance in the enforcement of immigration 
laws encouraged. 
Sec. 904. Listing of immigration violators in the National Crime Information 
Center database. 
Sec. 905. State and local law enforcement provision of information about appre-
hended aliens. 
Sec. 906. Financial assistance to State and local police agencies that assist in 
the enforcement of immigration laws. 
Sec. 907. Increased Federal detention space. 
Sec. 908. Federal custody of aliens unlawfully present in the United States ap-
prehended by State or local law enforcement. 
Sec. 909. Training of State and local law enforcement personnel relating to the 
enforcement of immigration laws. 
Sec. 910. Immunity. 
Sec. 911. Institutional removal program (IRP). 
Subtitle B—Eliminating Sanctuary Cities 
Sec. 921. Eliminating sanctuary cities. 
Subtitle C—Criminal Aliens—Eliminating Sanctuary Cities 
Sec. 931. State criminal alien assistance program (SCAAP). 
Sec. 932. Authorization of appropriations. 
Sec. 933. Assistance for States incarcerating undocumented aliens charged with 
certain crimes. 
Sec. 934. Preemption. 
TITLE X—NO IN-STATE TUITION FOR ILLEGALS 
Sec. 1001. Ensuring enforceability. 
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TITLE I—ALIEN SMUGGLING 
AND RELATED OFFENSES 
SEC. 101. ALIEN SMUGGLING AND RELATED OFFENSES. 
Section 274 of the Immigration and Nationality Act 
(8 U.S.C. 1324) is amended to read as follows: 
‘‘ALIEN SMUGGLING AND RELATED OFFENSES 
‘‘SEC. 274. (a) CRIMINAL OFFENSES
AND PEN-
ALTIES.— 
‘‘(1) PROHIBITED ACTIVITIES.—Whoever— 
‘‘(A) assists, encourages, directs, or in-
duces a person to come to or enter the United 
States, or to attempt to come to or enter the 
United States, knowing or in reckless disregard 
of the fact that such person is an alien who 
lacks lawful authority to come to or enter the 
United States; 
‘‘(B) assists, encourages, directs, or in-
duces a person to come to or enter the United 
States at a place other than a designated port 
of entry or place other than as designated by 
the Secretary of Homeland Security, regardless 
of whether such person has official permission 
or lawful authority to be in the United States, 
knowing or in reckless disregard of the fact 
that such person is an alien; 
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‘‘(C) assists, encourages, directs, or in-
duces a person to reside in or remain in the 
United States, or to attempt to reside in or re-
main in the United States, knowing or in reck-
less disregard of the fact that such person is an 
alien who lacks lawful authority to reside in or 
remain in the United States; 
‘‘(D) transports or moves a person in the 
United States, knowing or in reckless disregard 
of the fact that such person is an alien who 
lacks lawful authority to enter or be in the 
United States, where the transportation or 
movement will aid or further in any manner the 
person’s illegal entry into or illegal presence in 
the United States; 
‘‘(E) harbors, conceals, or shields from de-
tection a person in the United States knowing 
or in reckless disregard of the fact that such 
person is an alien who lacks lawful authority to 
be in the United States; 
‘‘(F) transports, moves, harbors, conceals, 
or shields from detection a person outside of 
the United States knowing or in reckless dis-
regard of the fact that such person is an alien 
in unlawful transit from one country to another 
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or on the high seas, under circumstances in 
which the person is in fact seeking to enter the 
United States without official permission or 
lawful authority; or 
‘‘(G) conspires or attempts to commit any 
of the preceding acts, 
shall be punished as provided in paragraph (2), re-
gardless of any official action which may later be 
taken with respect to such alien. 
‘‘(2) CRIMINAL PENALTIES.—A person who vio-
lates the provisions of paragraph (1) shall— 
‘‘(A) except as provided in subparagraphs 
(D) through (H), in the case where the offense 
was not committed for commercial advantage, 
profit, or private financial gain, be imprisoned 
for not more than 5 years, or fined under title 
18, United States Code, or both; 
‘‘(B) except as provided in subparagraphs 
(C) through (H), where the offense was com-
mitted for commercial advantage, profit, or pri-
vate financial gain— 
‘‘(i) in the case of a first violation of 
this subparagraph, be imprisoned for not 
more than 20 years, or fined under title 
18, United States Code, or both; and 
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‘‘(ii) for any subsequent violation, be 
imprisoned for not less than 3 years nor 
more than 20 years, or fined under title 
18, United States Code, or both; 
‘‘(C) in the case where the offense was 
committed for commercial advantage, profit, or 
private financial gain and involved 2 or more 
aliens other than the offender, be imprisoned 
for not less than 3 nor more than 20 years, or 
fined under title 18, United States Code, or 
both; 
‘‘(D) in the case where the offense furthers 
or aids the commission of any other offense 
against the United States or any State, which 
offense is punishable by imprisonment for more 
than 1 year, be imprisoned for not less than 5 
nor more than 20 years, or fined under title 18, 
United States Code, or both; 
‘‘(E) in the case where any participant in 
the offense created a substantial risk of death 
or serious bodily injury to another person, in-
cluding— 
‘‘(i) transporting a person in an en-
gine compartment, storage compartment, 
or other confined space; 
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‘‘(ii) transporting a person at an ex-
cessive speed or in excess of the rated ca-
pacity of the means of transportation; or 
‘‘(iii) transporting or harboring a per-
son in a crowded, dangerous, or inhumane 
manner, 
be imprisoned not less than 5 nor more than 20 
years, or fined under title 18, United States 
Code, or both; 
‘‘(F) in the case where the offense caused 
serious bodily injury (as defined in section 1365 
of title 18, United States Code, including any 
conduct that would violate sections 2241 or 
2242 of title 18, United States Code, if the con-
duct occurred in the special maritime and terri-
torial jurisdiction of the United States) to any 
person, be imprisoned for not less than 7 nor 
more than 30 years, or fined under title 18, 
United States Code, or both; 
‘‘(G) in the case where the offense involved 
an alien who the offender knew or had reason 
to believe was an alien— 
‘‘(i) engaged in terrorist activity (as 
defined in section 212(a)(3)(B)); or 
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‘‘(ii) intending to engage in such ter-
rorist activity, 
be imprisoned for not less than 10 nor more 
than 30 years, or fined under title 18, United 
States Code, or both; and 
‘‘(H) in the case where the offense caused 
or resulted in the death of any person, be pun-
ished by death or imprisoned for not less than 
10 years, or any term of years, or for life, or 
fined under title 18, United States Code, or 
both. 
‘‘(3) 
EXTRATERRITORIAL
JURISDICTION.— 
There is extraterritorial Federal jurisdiction over the 
offenses described in this subsection. 
‘‘(b) SEIZURE AND FORFEITURE.— 
‘‘(1) IN GENERAL.—Any property, real or per-
sonal, that has been used to commit or facilitate the 
commission of a violation of this section, the gross 
proceeds of such violation, and any property trace-
able to such property or proceeds, shall be subject 
to forfeiture. 
‘‘(2) APPLICABLE PROCEDURES.—Seizures and 
forfeitures under this subsection shall be governed 
by the provisions of chapter 46 of title 18, United 
States Code, relating to civil forfeitures, including 
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section 981(d) of such title, except that such duties 
as are imposed upon the Secretary of the Treasury 
under the customs laws described in that section 
shall be performed by such officers, agents, and 
other persons as may be designated for that purpose 
by the Secretary of Homeland Security. 
‘‘(c) AUTHORITY TO ARREST.—No officer or person 
shall have authority to make any arrests for a violation 
of any provision of this section except officers and employ-
ees designated by the Secretary of Homeland Security, ei-
ther individually or as a member of a class, and all other 
officers whose duty it is to enforce criminal laws. 
‘‘(d) ADMISSIBILITY OF EVIDENCE.— 
‘‘(1) PRIMA FACIE EVIDENCE IN DETERMINA-
TIONS OF VIOLATIONS.—Notwithstanding any provi-
sion of the Federal Rules of Evidence, in deter-
mining whether a violation of subsection (a) has oc-
curred, any of the following shall be prima facie evi-
dence that an alien involved in the violation lacks 
lawful authority to come to, enter, reside, remain, or 
be in the United States or that such alien had come 
to, entered, resided, remained or been present in the 
United States in violation of law: 
‘‘(A) Any order, finding, or determination 
concerning the alien’s status or lack thereof 
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made by a federal judge or administrative adju-
dicator (including an immigration judge or an 
immigration officer) during any judicial or ad-
ministrative proceeding authorized under the 
immigration laws or regulations prescribed 
thereunder. 
‘‘(B) An official record of the Department 
of Homeland Security, Department of Justice, 
or the Department of State concerning the 
alien’s status or lack thereof. 
‘‘(C) Testimony by an immigration officer 
having personal knowledge of the facts con-
cerning the alien’s status or lack thereof. 
‘‘(2) 
VIDEOTAPED
TESTIMONY.—Notwith-
standing any provision of the Federal Rules of Evi-
dence, the videotaped (or otherwise audiovisually 
preserved) deposition of a witness to a violation of 
subsection (a) who has been deported or otherwise 
expelled from the United States, or is otherwise un-
available to testify, may be admitted into evidence in 
an action brought for that violation if the witness 
was available for cross examination at the deposition 
and the deposition otherwise complies with the Fed-
eral Rules of Evidence. 
‘‘(e) DEFINITIONS.—For purposes of this section: 
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‘‘(1) The term ‘lawful authority’ means permis-
sion, authorization, or license that is expressly pro-
vided for in the immigration laws of the United 
States or the regulations prescribed thereunder. 
Such term does not include any such authority se-
cured by fraud or otherwise obtained in violation of 
law, nor does it include authority that has been 
sought but not approved. No alien shall be deemed 
to have lawful authority to come to, enter, reside, re-
main, or be in the United States if such coming to, 
entry, residence, remaining, or presence was, is, or 
would be in violation of law. 
‘‘(2) The term ‘unlawful transit’ means travel, 
movement, or temporary presence that violates the 
laws of any country in which the alien is present, or 
any country from which or to which the alien is trav-
eling or moving.’’. 
TITLE II—IDENTITY SECURITY 
Subtitle A—Photo Identification 
SEC. 201. FORMS OF ACCEPTABLE IDENTIFICATION FOR 
FEDERAL GOVERNMENT PURPOSES. 
(a) FORMS
OF ACCEPTABLE IDENTIFICATION.—A 
Federal agency may not accept, for any official purpose, 
including for Federal benefits and for individual taxpayer 
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identification numbers, any form of identification of an in-
dividual other than the following: 
(1) SOCIAL SECURITY CARD WITH PHOTO IDEN-
TIFICATION
CARD
OR
REAL
ID
ACT
IDENTIFICA-
TION.— 
(A) A Social Security card accompanied by 
a photo identification card issued by the Fed-
eral Government or a State Government; or 
(B) a driver’s license or identification card 
issued by a State in the case of a State that is 
in compliance with title II of the REAL ID Act 
of 2005 (title II of division B of Public Law 
109–13; 49 U.S.C. 30301 note). 
(2) PASSPORT.—A passport issued by the 
United States or a foreign government. 
(3) USCIS PHOTO IDENTIFICATION CARD.—A 
photo identification card issued by the Secretary of 
Homeland Security (acting through the Director of 
the United States Citizenship and Immigration Serv-
ices). 
(b) EFFECTIVE DATE.—The requirements of sub-
section (a) shall take effect six months after the date of 
the enactment of this Act. 
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SEC. 202. FORMS OF ACCEPTABLE IDENTIFICATION FOR FI-
NANCIAL INSTITUTIONS. 
(a) IN GENERAL.—Section 5318(l) of title 31, United 
States Code (relating to identification and verification of 
accountholders) is amended by striking paragraph (6) and 
inserting the following new paragraph: 
‘‘(6) FORMS
OF
ACCEPTABLE
IDENTIFICA-
TION.—A financial institution may not accept, for 
the purpose of verifying the identity of an individual 
seeking to open an account in accordance with this 
subsection, any form of identification of the indi-
vidual other than the following: 
‘‘(A) SOCIAL SECURITY CARD WITH PHOTO 
IDENTIFICATION CARD OR REAL ID ACT IDENTI-
FICATION.— 
‘‘(i) A Social Security card accom-
panied by a photo identification card 
issued by the Federal Government or a 
State Government; or 
‘‘(ii) a driver’s license or identification 
card issued by a State in the case of a 
State that is in compliance with title II of 
the REAL ID Act of 2005 (title II of divi-
sion B of Public Law 109–13; 49 U.S.C. 
30301 note). 
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‘‘(B) PASSPORT.—A passport issued by the 
United States or a foreign government. 
‘‘(C) 
USCIS 
PHOTO
IDENTIFICATION 
CARD.—A photo identification card issued by 
the Secretary of Homeland Security (acting 
through the Director of the U.S. Citizenship 
and Immigration Services).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect six months after the date 
of the enactment of this Act. 
Subtitle B—No Driver’s Licenses 
for Illegals 
SEC. 211. PROHIBITION ON ISSUING DRIVER’S LICENSES TO 
ILLEGAL ALIENS. 
Section 202 of the REAL ID Act of 2005 (49 U.S.C. 
30301 note) is amended— 
(1) in subsection (d), by striking paragraph 
(11) and redesignating paragraphs (12) and (13) as 
paragraphs (11) and (12), respectively; and 
(2) by adding at the end the following: 
‘‘(e) PROHIBITION.—A State is prohibited from 
issuing any driver’s license or identification card to any 
individual unless the State satisfies the requirements of 
subsection (c)(2)(B).’’. 
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Subtitle C—Stopping Social 
Security Number Abuse 
SEC. 221. EFFECT OF FINAL REGULATION ON ‘‘NO-MATCH’’ 
LETTERS. 
The Congress approves the final rule promulgated by 
the Department of Homeland Security entitled ‘‘Safe-Har-
bor Procedures for Employers Who Receive a No-Match 
Letter’’ (August 15, 2007; 72 Fed. Reg. 45611), and such 
rule shall have the force and effect of enacted law until 
changed by such law. 
Subtitle D—Birth/Death Registry 
SEC. 231. ESTABLISHMENT OF ELECTRONIC BIRTH AND 
DEATH REGISTRATION SYSTEMS. 
(a) 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 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 
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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 
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 
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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. 
Subtitle E—Reform of Passport 
Fraud Offenses 
SEC. 241. TRAFFICKING IN PASSPORTS. 
Section 1541 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 1541. Trafficking in passports 
‘‘(a) MULTIPLE PASSPORTS.—Any person who, dur-
ing any period of 3 years or less, knowingly— 
‘‘(1) and without lawful authority produces, 
issues, or transfers 10 or more passports; 
‘‘(2) forges, counterfeits, alters, or falsely 
makes 10 or more passports; 
‘‘(3) secures, possesses, uses, receives, buys, 
sells, or distributes 10 or more passports, knowing 
the passports to be forged, counterfeited, altered, 
falsely made, stolen, procured by fraud, or produced 
or issued without lawful authority; or 
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‘‘(4) completes, mails, prepares, presents, signs, 
or submits 10 or more applications for a United 
States passport, knowing the applications to contain 
any false statement or representation, 
shall be fined under this title, imprisoned not more than 
20 years, or both. 
‘‘(b) PASSPORT MATERIALS.—Any person who know-
ingly and without lawful authority produces, buys, sells, 
possesses, or uses any official material (or counterfeit of 
any official material) used to make a passport, including 
any distinctive paper, seal, hologram, image, text, symbol, 
stamp, engraving, or plate, shall be fined under this title, 
imprisoned not more than 20 years, or both.’’. 
SEC. 242. FALSE STATEMENT IN AN APPLICATION FOR A 
PASSPORT. 
Section 1542 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 1542. False statement in an application for a pass-
port 
‘‘(a) IN GENERAL.—Whoever knowingly makes any 
false statement or representation in an application for a 
United States passport, or mails, prepares, presents, or 
signs an application for a United States passport knowing 
the application to contain any false statement or represen-
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tation, shall be fined under this title, imprisoned not more 
than 15 years, or both. 
‘‘(b) VENUE.— 
‘‘(1) IN
GENERAL.—An offense under sub-
section (a) may be prosecuted in any district— 
‘‘(A) in which the false statement or rep-
resentation was made or the application for a 
United States passport was prepared or signed; 
or 
‘‘(B) in which or to which the application 
was mailed or presented. 
‘‘(2) ACTS OCCURRING OUTSIDE THE UNITED 
STATES.—An offense under subsection (a) involving 
an application for a United States passport prepared 
and adjudicated outside the United States may be 
prosecuted in the district in which the resultant 
passport was or would have been produced. 
‘‘(c) SAVINGS CLAUSE.—Nothing in this section may 
be construed to limit the venue otherwise available under 
sections 3237 and 3238 of this title.’’. 
SEC. 243. FORGERY AND UNLAWFUL PRODUCTION OF A 
PASSPORT. 
Section 1543 of title 18, United States Code, is 
amended to read as follows: 
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SEC. 244. MISUSE OF A PASSPORT. 
Section 1544 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 1544. Misuse of a passport 
‘‘Any person who knowingly— 
‘‘(1) uses any passport issued or designed for 
the use of another; 
‘‘(2) uses any passport in violation of the condi-
tions or restrictions therein contained, or in violation 
of the laws, regulations, or rules governing the 
issuance and use of the passport; 
‘‘(3) secures, possesses, uses, receives, buys, 
sells, or distributes any passport knowing it to be 
forged, counterfeited, altered, falsely made, procured 
by fraud, or produced or issued without lawful au-
thority; or 
‘‘(4) violates the terms and conditions of any 
safe conduct duly obtained and issued under the au-
thority of the United States, 
shall be fined under this title, imprisoned not more than 
15 years, or both.’’. 
SEC. 245. SCHEMES TO DEFRAUD ALIENS. 
Section 1545 of title 18, United States Code, is 
amended to read as follows: 
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‘‘§ 1545. Schemes to defraud aliens 
‘‘(a) IN GENERAL.—Any person who knowingly exe-
cutes a scheme or artifice, in connection with any matter 
that is authorized by or arises under Federal immigration 
laws or any matter the offender claims or represents is 
authorized by or arises under Federal immigration laws, 
to— 
‘‘(1) defraud any person; or 
‘‘(2) obtain or receive money or anything else of 
value from any person by means of false or fraudu-
lent pretenses, representations, promises, 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘(b) MISREPRESENTATION.—Any person who know-
ingly and falsely represents that such person is an attor-
ney or an accredited representative (as that term is de-
fined in section 1292.1 of title 8, Code of Federal Regula-
tions (or any successor regulation to such section)) in any 
matter arising under Federal immigration laws shall be 
fined under this title, imprisoned not more than 15 years, 
or both.’’. 
SEC. 246. IMMIGRATION AND VISA FRAUD. 
Section 1546 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 1546. Immigration and visa fraud 
‘‘(a) IN GENERAL.—Any person who knowingly— 
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‘‘(1) uses any immigration document issued or 
designed for the use of another; 
‘‘(2) forges, counterfeits, alters, or falsely 
makes any immigration document; 
‘‘(3) completes, mails, prepares, presents, signs, 
or submits any immigration document knowing it to 
contain any materially false statement or representa-
tion; 
‘‘(4) secures, possesses, uses, transfers, re-
ceives, buys, sells, or distributes any immigration 
document knowing it to be forged, counterfeited, al-
tered, falsely made, stolen, procured by fraud, or 
produced or issued without lawful authority; 
‘‘(5) adopts or uses a false or fictitious name to 
evade or to attempt to evade the immigration laws; 
or 
‘‘(6) transfers or furnishes, without lawful au-
thority, an immigration document to another person 
for use by a person other than the person for whom 
the passport was issued or designed, 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘(b) TRAFFICKING.—Any person who, during any pe-
riod of 3 years or less, knowingly— 
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‘‘(1) and without lawful authority produces, 
issues, or transfers 10 or more immigration docu-
ments; 
‘‘(2) forges, counterfeits, alters, or falsely 
makes 10 or more immigration documents; 
‘‘(3) secures, possesses, uses, buys, sells, or dis-
tributes 10 or more immigration documents, know-
ing the immigration documents to be forged, coun-
terfeited, altered, stolen, falsely made, procured by 
fraud, or produced or issued without lawful author-
ity; or 
‘‘(4) completes, mails, prepares, presents, signs, 
or submits 10 or more immigration documents 
knowing the documents to contain any materially 
false statement or representation, 
shall be fined under this title, imprisoned not more than 
20 years, or both. 
‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 
person who knowingly and without lawful authority pro-
duces, buys, sells, possesses, or uses any official material 
(or counterfeit of any official material) used to make im-
migration documents, including any distinctive paper, seal, 
hologram, image, text, symbol, stamp, engraving, or plate, 
shall be fined under this title, imprisoned not more than 
20 years, or both. 
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‘‘(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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‘‘(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. NO TOTALIZATION AGREEMENTS THAT WILL BEN-
EFIT ILLEGALS. 
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 2009, 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—No Illegals Working in 
the 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-
ed to participate in such program, and is in compli-
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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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