212 
of such provision by the violator and the violator 
acted in good faith. 
‘‘(12) SAFE HARBOR FOR CONTRACTORS.—A 
person or other entity shall not be liable for a pen-
alty under paragraph (4)(A) with respect to the vio-
lation of subsection (a)(1)(A), (a)(1)(B), or (a)(2) 
with respect to the hiring or continuation of employ-
ment of an unauthorized alien by a subcontractor of 
that person or entity unless the person or entity 
knew that the subcontractor hired or continued to 
employ such alien in violation of such subsection.’’. 
(4) by amending paragraph (1) of subsection (f) 
to read as follows: 
‘‘(1) CRIMINAL PENALTY.—Any person or enti-
ty which engages in a pattern or practice of viola-
tions of subsection (a)(1) or (2) shall be fined not 
more than $50,000 for each unauthorized alien with 
respect to which such a violation occurs, imprisoned 
for not less than one year, or both, notwithstanding 
the provisions of any other Federal law relating to 
fine levels.’’; and 
(5) in subsection (f)(2), by striking ‘‘Attorney 
General’’ each place it appears and inserting ‘‘Sec-
retary of Homeland Security’’. 
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SEC. 707. REPORT ON SOCIAL SECURITY CARD-BASED EM-
PLOYMENT ELIGIBILITY VERIFICATION. 
(a) REPORT.— 
(1) IN
GENERAL.—Not later than 9 months 
after the date of the enactment of this Act, the 
Commissioner of Social Security, in consultation 
with the Secretary of Treasury, the Secretary of 
Homeland Security, and the Attorney General, shall 
submit a report to Congress that includes an evalua-
tion of the following requirements and changes: 
(A) A requirement that social security 
cards that are made of a durable plastic or 
similar material and that include an encrypted, 
machine-readable electronic identification strip 
and a digital photograph of the individual to 
whom the card is issued, be issued to each indi-
vidual (whether or not a United States citizen) 
who— 
(i) is authorized to be employed in the 
United States; 
(ii) is seeking employment in the 
United States; and 
(iii) files an application for such card, 
whether as a replacement of an existing so-
cial security card or as a card issued in 
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connection with the issuance of a new so-
cial security account number. 
(B) The creation of a unified database to 
be maintained by the Department of Homeland 
Security and comprised of data from the Social 
Security Administration and the Department of 
Homeland Security specifying the work author-
ization of individuals (including both United 
States citizens and noncitizens) for the purpose 
of 
conducting 
employment 
eligibility 
verification. 
(C) A requirement that all employers verify 
the employment eligibility of all new hires using 
the social security cards described in subpara-
graph (A) and a phone, electronic card-reading, 
or other mechanism to seek verification of em-
ployment eligibility through the use of the uni-
fied database described in subparagraph (B). 
(2) ITEMS INCLUDED IN REPORT.—The report 
under paragraph (1) shall include an evaluation of 
each of the following: 
(A) Projected cost, including the cost to 
the Federal Government, State and local gov-
ernments, and the private sector. 
(B) Administrability. 
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(C) Potential effects on— 
(i) employers; 
(ii) employees, including employees 
who are United States citizens as well as 
those that are not citizens; 
(iii) tax revenue; and 
(iv) privacy. 
(D) The extent to which employer and em-
ployee compliance with immigration laws would 
be expected to improve. 
(E) Any other relevant information. 
(3) ALTERNATIVES.—The report under para-
graph (1) also shall examine any alternatives to 
achieve the same goals as the requirements and 
changes described in paragraph (1) but that involve 
lesser cost, lesser burden on those affected, or great-
er ease of administration. 
(b) INSPECTOR GENERAL REVIEW.—Not later than 
3 months after the report is submitted under subsection 
(a), the Inspector General of the Social Security Adminis-
tration, in consultation with the Inspectors General of the 
Department of Treasury, the Department of Homeland 
Security, and the Department of Justice, shall send to the 
Congress an evaluation of the such report. 
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SEC. 708. EXTENSION OF PREEMPTION TO REQUIRED CON-
STRUCTION OF DAY LABORER SHELTERS. 
Paragraph 274A(h)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1324a(h)(2)) is amended— 
(1) by striking ‘‘imposing’’, and inserting a 
dash and ‘‘(A) imposing’’; 
(2) by striking the period at the end and insert-
ing ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(B) Requiring as a condition of con-
ducting, continuing, or expanding a business 
that a business entity— 
‘‘(i) provide, build, fund, or maintain 
a shelter, structure, or designated area for 
use by day laborers at or near its place of 
business; or 
‘‘(ii) take other steps that facilitate 
the employment of day laborers by others.’’ 
SEC. 709. EFFECTIVE DATE. 
This title and the amendments made by this title 
shall take effect on the date of enactment of this Act, ex-
cept that the requirements of persons and entities to com-
ply with the employment eligibility verification process 
takes effect on the date that is two years after such date. 
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217 
SEC. 710. LIMITATION ON VERIFICATION RESPONSIBIL-
ITIES OF COMMISSIONER OF SOCIAL SECU-
RITY. 
The Commissioner of Social Security is authorized to 
perform activities with respect to carrying out the Com-
missioner’s responsibilities in this title or the amendments 
made by this title, but only to the extent (except for the 
purpose of carrying out section 707) the Secretary of 
Homeland Security has provided, in advance, funds to 
cover the Commissioner’s full costs in carrying out such 
responsibilities. In no case shall funds from the Federal 
Old-Age and Survivors Insurance Trust Fund or the Fed-
eral Disability Insurance Trust Fund be used to carry out 
such responsibilities. 
SEC. 
711. 
REPORT 
ON 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION SYSTEM. 
Not later than one year after the implementation of 
the employment eligibility verification system and one year 
thereafter, the Secretary of Homeland Security shall sub-
mit to Congress a report on the progress and problems 
associated with implementation of the system, including 
information relating to the most efficient use of the system 
by small businesses. 
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Subtitle B—Employment Eligibility 
Verification and Anti-Identity 
Theft Act 
SEC. 721. SHORT TITLE. 
This subtitle may be cited as the ‘‘Employment Eligi-
bility Verification and Anti-Identity Theft Act’’. 
SEC. 722. REQUIRING AGENCIES TO SEND ‘‘NO-MATCH’’ LET-
TERS. 
(a) SOCIAL SECURITY ADMINISTRATION.—The Com-
missioner of the Social Security Administration shall send 
a written notice to a person or entity each time that the 
combination of name and Social Security account number 
submitted by the person or entity for an individual does 
not match Social Security Administration records. 
(b) DEPARTMENT OF HOMELAND SECURITY.—The 
Secretary of Homeland Security shall send a written no-
tice to a person or entity each time that such Secretary 
determines that an immigration status document or em-
ployment authorization document presented or referenced 
by an individual during the process of completing the at-
testations required by the person or entity for employment 
eligibility verification was assigned to another person, or 
that there is no agency record that the document was as-
signed to any person. 
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SEC. 723. REQUIRING EMPLOYERS TO TAKE ACTION UPON 
RECEIPT OF A ‘‘NO-MATCH’’ LETTER. 
Beginning on the date that is 6 months after the date 
of the enactment of this Act, a person or entity that has 
received a written notice under section 312 shall, within 
3 business days of receiving such notice, verify the individ-
ual’s employment authorization and identity through the 
verification system established under section 314. 
SEC. 724. VERIFICATION SYSTEM. 
Not later than 6 months after the date of enactment 
of this Act, the Secretary of Homeland Security, in con-
sultation with the Commissioner of the Social Security Ad-
ministration, as appropriate, shall establish and admin-
ister a verification system through which persons or enti-
ties that have received written notice under section 312 
shall verify an individual’s employment authorization and 
identity. 
SEC. 725. DESIGN AND OPERATION OF SYSTEM. 
The verification system established under section 314 
shall be designed and operated— 
(1) to maximize its reliability and ease of use, 
consistent with insulating and protecting the privacy 
and security of the underlying information; 
(2) to respond to all required inquiries under 
this subtitle regarding whether individuals are au-
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220 
thorized to be employed and to register all times 
when such inquiries are not received; 
(3) with appropriate administrative, technical, 
and physical safeguards to prevent unauthorized dis-
closure of personal information; and 
(4) to have reasonable safeguards against the 
system’s resulting in unlawful discriminatory prac-
tices based on national origin or citizenship status, 
including— 
(A) the selective or unauthorized use of the 
system to verify eligibility; 
(B) the use of the system prior to an offer 
of employment; or 
(C) the exclusion of certain individuals 
from consideration for employment as a result 
of 
a 
perceived 
likelihood 
that 
additional 
verification will be required, beyond what is re-
quired for most job applicants. 
SEC. 726. EXTENSION OF TIME. 
If a person or entity in good faith attempts to make 
an inquiry during the time period specified and the 
verification system established under section 314 has reg-
istered that not all inquiries were received during such 
time, the person or entity may make an inquiry on the 
first subsequent working day in which the verification sys-
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tem registers that it has received all inquiries. If the 
verification system 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 previous sentence to apply to such an inquiry, and 
does not have to provide any additional proof concerning 
such inquiry. 
SEC. 727. RETENTION OF PROOF OF VERIFICATION COM-
PLETION. 
After completion of the verification process estab-
lished under section 314, a person or entity shall retain 
a paper, microfiche, microfilm, or electronic version of the 
form received through the verification process (or, in the 
case of a telephonic verification, a paper, microfiche, 
microfilm, or electronic 
record 
of 
the 
telephonic 
verification code number) and make it available for inspec-
tion by officers of the Department of Homeland Security, 
the Special Counsel for Immigration-Related Unfair Em-
ployment Practices, or the Department of Labor for 3 
years after the date on which the form or telephonic 
verification code number was received. 
SEC. 728. TERMINATION OF EMPLOYMENT. 
(a) BURDEN
ON INDIVIDUAL TO RESOLVE ER-
RORS.—If a person or entity has received an initial 
nonverification 
regarding 
an 
individual 
from 
the 
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under section 312(a) of this Act shall provide the Commis-
sioner of Social Security with a copy of such individual’s 
verification form as described in section 274A(b)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(b)(3)) 
in addition to any other information regarding the last 
known name, address, and location of such individual. 
(b) Within 3 business days of receiving such notifica-
tion, the Commissioner of Social Security shall provide 
such information to the Secretary of Homeland Security. 
SEC. 730. EMPLOYER VIOLATIONS. 
A person or entity shall be considered to have violated 
section 274A(a)(1)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(a)(1)(A)) if the person or entity— 
(1) continues to employ in the United States, or 
recruits, hires, or refers for employment in the 
United States, an individual after receiving a final 
nonverification regarding an individual from the 
verification system established under section 314; or 
(2) otherwise fails to take an action required 
under this subtitle. 
SEC. 731. LIMITATION ON USE. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, nothing in this subtitle shall be construed to 
permit or allow any department, bureau, or other agency 
of the United States Government to utilize any informa-
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tion, data base, or other records assembled under this sub-
title for any other purpose other than as provided for 
under this subtitle. 
(b) NO NATIONAL IDENTIFICATION CARD.—Nothing 
in this subtitle shall be construed to authorize, directly or 
indirectly, the issuance or use of national identification 
cards or the establishment of a national identification 
card. 
SEC. 732. FEDERAL TORT CLAIMS ACT REMEDY. 
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 com-
pensation only through the mechanism of chapter 171 of 
title 28, United States Code (popularly known as the Fed-
eral Tort Claims Act), and injunctive relief to correct such 
error. No class action may be brought under this subtitle. 
SEC. 733. PROTECTION FROM LIABILITY FOR ACTIONS 
TAKEN ON THE BASIS OF INFORMATION. 
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 
mechanism established under this subtitle. 
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225 
Subtitle C—Improved Security for 
Birth Certificates 
SEC. 741. DEFINITIONS. 
(a) APPLICABILITY
OF DEFINITIONS.—Except as 
otherwise specifically provided, the definitions contained in 
section 201 of the REAL ID Act of 2005 (division B of 
Public Law 109–13) apply to this subtitle. 
(b) OTHER DEFINITIONS.—In this subtitle, the fol-
lowing definitions apply: 
(1) BIRTH CERTIFICATE.—The term ‘‘birth cer-
tificate’’ means a certificate of birth— 
(A) for an individual (regardless of where 
born)— 
(i) who is a citizen or national of the 
United States at birth; and 
(ii) whose birth is registered in the 
United States; and 
(B) that— 
(i) is issued by a Federal, State, or 
local government agency or authorized cus-
todian of record and produced from birth 
records maintained by such agency or cus-
todian of record; or 
(ii) is an authenticated copy, issued 
by a Federal, State, or local government 
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agency or authorized custodian of record, 
of an original certificate of birth issued by 
such agency or custodian of record. 
(2) FULL LEGAL NAME.—The term ‘‘full legal 
name’’ means the complete name of the person, in-
cluding the birth name as recorded in the state and 
or nation of birth, as applicable, and any suffixes or 
names appended through lawful action through mar-
riage, adoption or lawful name change. 
(3) 
REGISTRANT.—The 
term 
‘‘registrant’’ 
means, with respect to a birth certificate, the person 
whose birth is registered on the certificate. 
(4) STATE.—The term ‘‘State’’ has the the 
meaning given such term in section 201 of the 
REAL ID Act of 2005 (division B of Public Law 
109–13), except that New York City shall be treated 
as a State separate from New York. 
SEC. 742. APPLICABILITY OF MINIMUM STANDARDS TO 
LOCAL GOVERNMENTS. 
The minimum standards in this subtitle applicable to 
birth certificates issued by a State shall also apply to birth 
certificates issued by a local government in the State. It 
shall be the responsibility of the State to ensure that local 
governments in the State comply with the minimum stand-
ards. 
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SEC. 743. MINIMUM STANDARDS FOR FEDERAL RECOGNI-
TION. 
(a) MINIMUM STANDARDS FOR FEDERAL USE.— 
(1) IN GENERAL.—Beginning 3 years after the 
date of the enactment of this Act, a Federal agency 
may not accept, for any official purpose, a birth cer-
tificate issued by a State to any person unless the 
State is meeting the requirements of this section. 
(2) STATE
CERTIFICATIONS.—The Secretary 
shall determine whether a State is meeting the re-
quirements of this section based on certifications 
made by the State to the Secretary. Such certifi-
cations shall be made at such times and in such 
manner as the Secretary, in consultation with the 
Secretary of Health and Human Services, may pre-
scribe by regulation. 
(b) MINIMUM DOCUMENT STANDARDS.—To meet the 
requirements of this section, a State shall include, on each 
birth certificate issued to a person by the State, the use 
of safety paper, the seal of the issuing custodian of record, 
and such other features as the Secretary may determine 
necessary to prevent tampering, counterfeiting, and other-
wise duplicating the birth certificate for fraudulent pur-
poses. The Secretary may not require a single design to 
which birth certificates issued by all States must conform. 
However, the Secretary shall require a minimum standard 
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set of security features incorporated into birth certificates 
issued by all States, such as digital watermarks, so that 
validation of such security features can be affordably made 
be law enforcement officials, by motor vehicle administra-
tors, and State and Federal officials. 
(c) MINIMUM ISSUANCE STANDARDS.— 
(1) IN GENERAL.—To meet the requirements of 
this section, a State shall require and verify the fol-
lowing information from the requestor before issuing 
an authenticated copy of a birth certificate: 
(A) The name on the birth certificate. 
(B) The date and location of the birth. 
(C) The mother’s maiden name. 
(D) Substantial proof of the requestor’s 
identity. 
(E) Where available, authentication of 
identity through comparison with a biometric 
identifier. 
(2) ISSUANCE
TO
PERSONS
NOT
NAMED
ON 
BIRTH CERTIFICATE.—To meet the requirements of 
this section, in the case of a request by a person who 
is not named on the birth certificate, a State must 
require the presentation of legal authorization to re-
quest the birth certificate before issuance. 
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(3) ISSUANCE TO FAMILY MEMBERS.—Not later 
than one year after the date of the enactment of this 
Act, the Secretary, in consultation with the Sec-
retary of Health and Human Services and the 
States, shall establish minimum standards for 
issuance of a birth certificate to specific family 
members, their authorized representatives, and oth-
ers who demonstrate that the certificate is needed 
for the protection of the requestor’s personal or 
property rights. 
(4) WAIVERS.—A State may waive the require-
ments set forth in subparagraphs (A) through (C) of 
subsection (c)(1) in exceptional circumstances, such 
as the incapacitation of the registrant. 
(5) APPLICATIONS BY ELECTRONIC MEANS.— 
To meet the requirements of this section, for appli-
cations by electronic means, through the mail or by 
phone or fax, a State shall employ third party 
verification, or equivalent verification, of the identity 
of the requestor. 
(6) VERIFICATION OF DOCUMENTS.—To meet 
the requirements of this section, a State shall verify 
the documents used to provide proof of identity of 
the requestor. 
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(d) OTHER REQUIREMENTS.—To meet the require-
ments of this section, a State shall adopt, at a minimum, 
the following practices in the issuance and administration 
of birth certificates: 
(1) Establish and implement minimum building 
security standards for State and local vital record 
offices. 
(2) Restrict public access to birth certificates 
and information gathered in the issuance process to 
ensure that access is restricted to entities with which 
the State has a binding privacy protection agree-
ment. 
(3) Subject all persons with access to vital 
records to appropriate security clearance require-
ments. 
(4) Establish fraudulent document recognition 
training programs for appropriate employees en-
gaged in the issuance process. 
(5) Establish and implement internal operating 
system standards for paper and for electronic sys-
tems. 
(6) Establish a central electronic database 
that— 
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(A) is maintained in a physically secure en-
vironment so that unauthorized access can be 
prevented; 
(B) is linked through the Electronic 
Verification of Vital Event System (EVVES) 
established under section 345 or an equivalent 
system to provide interoperative data exchange 
with other States and with Federal agencies, 
subject to privacy restrictions and confirmation 
of the authority and identity of the requestor; 
and 
(C) incorporates within its records, to en-
sure process integrity, the full legal name of 
any authorized requestor, the date of the re-
quest, and the relationship to the person whose 
birth is recorded on the birth certificate. 
(7) Ensure that birth and death records are 
matched in a comprehensive and timely manner, and 
that all electronic birth records and paper birth cer-
tificates of decedents are marked ‘‘deceased’’. 
(8) Cooperate with the Secretary in the imple-
mentation of electronic verification of vital events 
under section 345. 
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SEC. 744. ESTABLISHMENT OF ELECTRONIC BIRTH AND 
DEATH REGISTRATION SYSTEMS. 
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 
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-
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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 
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. 
SEC. 745. ELECTRONIC VERIFICATION OF VITAL EVENTS. 
(a) LEAD AGENCY.—The Secretary shall lead the im-
plementation of the Electronic Verification of Vital Events 
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System for the purpose of verifying a person’s birth and 
death. 
(b) REGULATIONS.—In carrying out subsection (a), 
the Secretary shall issue regulations to establish a means 
by which authorized Federal and State agency users with 
a single interface will be able to generate an electronic 
query to any participating vital records jurisdiction 
throughout the Nation to verify the contents of a paper 
birth certificate. Pursuant to the regulations, an electronic 
response from the participating vital records jurisdiction 
as to whether there is a birth record in their database that 
matches the paper birth certificate will be returned to the 
user, along with an indication if the matching birth record 
has been flagged ‘‘deceased’’. The regulations shall take 
effect not later than 5 years after the date of the enact-
ment of this Act. 
SEC. 746. GRANTS TO STATES. 
(a) IN GENERAL.—The Secretary is authorized to 
award grants to States to modernize State birth and death 
certificate records and otherwise to satisfy the require-
ments of this subtitle. On an expedited basis, the Sec-
retary shall award grants or contracts for the purpose of 
improving the accuracy and electronic availability of 
States’ records of births, deaths, and of other records nec-
essary for implementation of the Electronic Verification 
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of Vital Events System established in section 345, and as 
otherwise necessary to advance the purposes of this sub-
title. 
(b) REGULATION COMPLIANCE.—A State that does 
fails to certify the State’s intent to comply with the regula-
tions issued to implement this subtitle not later than De-
cember 31, 2013, or that does not submit a compliance 
plan acceptable to the Secretary is not eligible for a grant 
under subsection (a). 
(c) DURATION.—Grants may be awarded under this 
section during fiscal years 2009 through 2017. 
(d) ELIGIBLE RECIPIENTS.—If the Secretary of 
Homeland Security determines that compliance with this 
subtitle can best be achieved by awarding grants or con-
tracts to a State, a group of States, a government agency, 
a chartered nonprofit organization, or a private entity, the 
Secretary may utilize funds under this section to award 
such grants or contracts. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for 
each of the fiscal years 2009 through 2013 such sums as 
may be necessary to carry out this chapter. 
SEC. 747. AUTHORITY. 
(a) PARTICIPATION WITH FEDERAL AGENCIES AND 
STATES.—All authority to issue regulations, certify stand-
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ards, and issue grants under this chapter shall be carried 
out by the Secretary, with the concurrence of the Sec-
retary of Health and Human Services and in consultation 
with State vital statistics offices and appropriate Federal 
agencies. 
(b) EXTENSIONS
OF DEADLINES.—The Secretary 
may grant to a State an extension of time to meet the 
requirements of section 329(a)(1) if the State provides 
adequate justification for noncompliance. 
SEC. 748. REPEAL. 
Section 7211 of Public Law 108–458 is repealed. 
Subtitle D—Stop the Misuse of 
ITINs Act of 2007 
SEC. 751. SHORT TITLE. 
This subtitle may be cited as the ‘‘Stop the Misuse 
of ITINs Act of 2007’’. 
SEC. 752. NOTIFICATION OF EMPLOYMENT STATUS OF INDI-
VIDUALS NOT AUTHORIZED TO WORK IN THE 
UNITED STATES. 
(a) IN GENERAL.—Subsection (i) of section 6103 of 
the Internal Revenue Code of 1986 (relating to confiden-
tiality and disclosure of returns and return information) 
is amended by adding at the end the following new para-
graph: 
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‘‘(9) DISCLOSURE
TO
SECRETARY
OF
HOME-
LAND SECURITY OF EMPLOYMENT INFORMATION OF 
EMPLOYEES NOT AUTHORIZED TO BE EMPLOYED IN 
UNITED STATES.— 
‘‘(A) IN GENERAL.—If— 
‘‘(i) the Secretary receives a return 
from any person or entity (hereafter in this 
paragraph referred to as the ‘employer’) 
showing wages (as defined in section 
3121(a)) paid to any employee, and 
‘‘(ii) the TIN of such employee, as 
shown on such return, indicates that such 
employee is not authorized to be employed 
in the United States, 
the Secretary shall provide electronically to the 
Secretary of Homeland Security the following 
information as shown on such return: the name, 
address, and TIN of such employee and the 
name, address, and employer identification 
number of the employer. 
‘‘(B) NOTICE
TO
EMPLOYER
AND
EM-
PLOYEE.—Whenever the Secretary sends a no-
tice under subparagraph (A) with respect to 
any employer and employee, the Secretary also 
shall notify the employer and the employee in 
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238 
writing that such employee is not authorized to 
be employed in the United States and that the 
employee’s employment with the employer 
should be terminated not later than the 30th 
day after the date of the notice. Such notice 
shall also describe— 
‘‘(i) the employer’s obligations under 
this paragraph, 
‘‘(ii) the employee’s right under this 
paragraph to contest the determination 
that the employee is not authorized to be 
employed in the United States, and 
‘‘(iii) the procedure under this para-
graph for contesting such determination. 
‘‘(C) EMPLOYEE’S RIGHT TO CONTEST.— 
‘‘(i) NOTICE TO EMPLOYEE.—If any 
employer receives such a notice from the 
Secretary with respect to an employee, the 
employer shall, within 3 business days 
after the date the employer received such 
notice, provide a copy of such notice to the 
employee. 
‘‘(ii) RIGHT
TO
CONTEST.—An em-
ployee may contest the accuracy of such 
notice during the 30-day period beginning 
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239 
on the date that the employer provided the 
notice under clause (i) to the employee. 
‘‘(iii) CONTEST PROCEDURE.—If, dur-
ing such 30-day period, the employee pro-
vides the employer with information sub-
stantiating such employee’s claimed au-
thorization to be employed in the United 
States, the employer shall, in such form 
and manner as the Secretary shall pre-
scribe, provide to the Secretary— 
‘‘(I) the employee’s name, ad-
dress, 
and 
taxpayer 
identification 
number, 
‘‘(II) the employer’s name, ad-
dress, telephone number, and em-
ployer identification number, and 
‘‘(III) the information provided 
by the employee to the employer sub-
stantiating such employee’s authoriza-
tion to be employed in the United 
States. 
‘‘(D) VERIFICATION
FROM
DEPARTMENT 
OF HOMELAND SECURITY.— 
‘‘(i) TRANSMITTAL
OF
INQUIRY.— 
Within 3 business days after receiving the 
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information described in subparagraph 
(C)(iii), the Secretary shall provide such 
information electronically to the Secretary 
of Homeland Security. 
‘‘(ii) RESPONSE.—Within 7 business 
days after receiving such information, the 
Secretary of Homeland Security shall elec-
tronically notify the Secretary, and shall 
notify the employer and employee in writ-
ing, as to whether the employee is author-
ized to be employed in the United States. 
‘‘(E) SUSPENSION OF OBLIGATION TO TER-
MINATE
EMPLOYMENT
UNTIL
RESPONSE
RE-
CEIVED.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), if the employee meets 
the requirement of subparagraph (C)(iii), 
the employer’s obligation to terminate the 
employment of such employee shall be sus-
pended until the employer receives the no-
tice described in subparagraph (D)(ii). 
‘‘(ii) TIMELY
RESPONSE
NOT
RE-
CEIVED.—If the employer does not receive 
such notice before the 30th day after the 
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241 
close such 30-day period, the employer 
shall so notify the Secretary. 
‘‘(F) REBUTTABLE PRESUMPTION OF VIO-
LATION
OF
THE
IMMIGRATION
AND
NATION-
ALITY ACT.— 
‘‘(i) IN GENERAL.—A rebuttable pre-
sumption is created that the employer has 
violated section 274A(a)(1)(A) of the Im-
migration and Nationality Act if— 
‘‘(I) the employer employs an in-
dividual with respect to whom a notice 
is received under subparagraph (B) 
after the 30 days described in such 
subparagraph, 
‘‘(II) the employer fails to notify 
the Secretary as required by subpara-
graph (E)(ii) and employs such indi-
vidual, or 
‘‘(III) the employer refers the in-
dividual for employment after receiv-
ing a notice under subparagraph (B) 
with respect to such individual. 
‘‘(ii) EXCEPTIONS.— 
‘‘(I) 
SUSPENSION
PERIOD.— 
Clause (i)(I) shall not apply during 
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242 
the suspension period described in 
subparagraph (E)(i). 
‘‘(II) NOTICE FROM SECRETARY 
OF HOMELAND SECURITY.—Clause (i) 
shall cease to apply with respect to an 
individual after the date that the em-
ployer is notified by the Secretary of 
Homeland Security that such indi-
vidual is authorized to be employed in 
the United States. 
‘‘(G) REFUNDS
DENIED.—No refund of 
any tax imposed by this shall be made to any 
individual for any taxable year during any por-
tion of which such individual is employed in the 
United States without being authorized to be so 
employed. 
‘‘(H) SPECIAL RULES.— 
‘‘(i) PROTECTION FROM LIABILITY.— 
No employer shall be civilly or criminally 
liable under any law for any action taken 
in good faith reliance on information pro-
vided by the Secretary or the Secretary of 
Homeland Security with respect to any in-
dividual’s eligibility to be employed in the 
United States. 
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243 
‘‘(ii) TIMELY
MAILING
TREATED
AS 
TIMELY
NOTICE.—Rules similar to the 
rules of section 7502 shall apply for pur-
poses of this section. 
‘‘(iii) LAST KNOWN ADDRESS OF EM-
PLOYEE.—Any notice required to be pro-
vided to an employee under this section 
shall be sufficient if mailed to the employee 
at the last known address of the em-
ployee.’’. 
(b) CONFORMING AMENDMENT.—Paragraph (4) of 
section 6103(p) of such Code is amended by striking ‘‘(5) 
or (7)’’ each place it appears and inserting ‘‘(5), (7), or 
(9)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to returns received more than 180 
days after the date of the enactment of this Act. 
Subtitle E—Miscellaneous 
SEC. 761. SHARING OF SOCIAL SECURITY DATA FOR IMMI-
GRATION ENFORCEMENT PURPOSES. 
(a) SOCIAL SECURITY ACCOUNT NUMBERS.—Section 
264(f) of the Immigration and Nationality Act (8 U.S.C. 
1304(f)) is amended to read as follows: 
‘‘(f) Notwithstanding any other provision of law (in-
cluding section 6103 of the Internal Revenue Code of 
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244 
1986), the Secretary of Homeland Security, the Secretary 
of Labor, and the Attorney General are authorized to re-
quire an individual to provide the individual’s social secu-
rity account number for purposes of inclusion in any 
record of the individual maintained by either such Sec-
retary or the Attorney General, or of inclusion in any ap-
plication, document, or form provided under or required 
by the immigration laws.’’. 
(b) EXCHANGE OF INFORMATION.—Section 290(c) of 
the Immigration and Nationality Act (8 U.S.C. 1360(c)) 
is amended by striking paragraph (2) and inserting the 
following new paragraphs: 
‘‘(2)(A) Notwithstanding any other provision of 
law (including section 6103 of the Internal Revenue 
Code of 1986), if earnings are reported on or after 
January 1, 1997, to the Social Security Administra-
tion on a social security account number issued to 
an alien not authorized to work in the United 
States, the Commissioner of Social Security shall 
provide the Secretary of Homeland Security with in-
formation regarding the name, date of birth, and ad-
dress of the alien, the name and address of the per-
son reporting the earnings, and the amount of the 
earnings. 
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‘‘(B) The information described in subpara-
graph (A) shall be provided in an electronic form 
agreed upon by the Commissioner and the Secretary. 
‘‘(3)(A) Notwithstanding any other provision of 
law (including section 6103 of the Internal Revenue 
Code of 1986), if a social security account number 
was used with multiple names, the Commissioner of 
Social Security shall provide the Secretary of Home-
land Security with information regarding the name, 
date of birth, and address of each individual who 
used that social security account number, and the 
name and address of the person reporting the earn-
ings for each individual who used that social security 
account number. 
‘‘(B) The information described in subpara-
graph (A) shall be provided in an electronic form 
agreed upon by the Commissioner and the Secretary 
for the sole purpose of enforcing the immigration 
laws. 
‘‘(C) The Secretary, in consultation with the 
Commissioner, may limit or modify the requirements 
of this paragraph, as appropriate, to identify the 
cases posing the highest possibility of fraudulent use 
of social security account numbers related to viola-
tion of the immigration laws. 
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246 
‘‘(4)(A) Notwithstanding any other provision of 
law (including section 6103 of the Internal Revenue 
Code of 1986), if more than one person reports 
earnings for an individual during a single tax year, 
the Commissioner of Social Security shall provide 
the Secretary of Homeland Security information re-
garding the name, date of birth, and address of the 
individual, and the name and address of the each 
person reporting earnings for that individual. 
‘‘(B) The information described in subpara-
graph (A) shall be provided in an electronic form 
agreed upon by the Commissioner and the Secretary 
for the sole purpose of enforcing the immigration 
laws. 
‘‘(C) The Secretary, in consultation with the 
Commissioner, may limit or modify the requirements 
of this paragraph, as appropriate, to identify the 
cases posing the highest possibility of fraudulent use 
of social security account numbers related to viola-
tion of the immigration laws. 
‘‘(5)(A) The Commissioner of Social Security 
shall perform, at the request of the Secretary of 
Homeland Security, a search or manipulation of 
records held by the Commissioner if the Secretary 
certifies that the purpose of the search or manipula-
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247 
tion is to obtain information that is likely to assist 
in identifying individuals (and their employers) who 
are using false names or social security account 
numbers, who are sharing a single valid name and 
social security account number among multiple indi-
viduals, who are using the social security account 
number of a person who is deceased, too young to 
work, or not authorized to work, or who are other-
wise engaged in a violation of the immigration laws. 
The Commissioner shall provide the results of such 
search or manipulation to the Secretary, notwith-
standing any other provision law (including section 
6103 of the Internal Revenue Code of 1986). 
‘‘(B) The Secretary shall transfer to the Com-
missioner the funds necessary to cover the costs di-
rectly incurred by the Commissioner in carrying out 
each search or manipulation requested by the Sec-
retary under subparagraph (A).’’. 
(c) FALSE CLAIMS OF CITIZENSHIP BY NATIONALS 
OF THE UNITED STATES.—Section 212(a)(6)(C)(ii)(I) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(6)(C)(ii)(I)) is amended by inserting ‘‘or na-
tional’’ after ‘‘citizen’’. 
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249 
TITLE VIII—IMMIGRATION 
LITIGATION ABUSE REDUCTION 
SEC. 801. BOARD OF IMMIGRATION APPEALS REMOVAL 
ORDER AUTHORITY. 
(a) IN GENERAL.—Section 101(a)(47) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(47)) is 
amended to read as follows: 
‘‘(47)(A) The term ‘order of removal’ means the 
order of the immigration judge, the Board of Immigration 
Appeals, or other administrative officer to whom the At-
torney General or the Secretary of Homeland Security has 
delegated the responsibility for determining whether an 
alien is removable, concluding that the alien is removable 
or ordering removal. 
‘‘(B) The order described under subparagraph (A) 
shall become final upon the earliest of— 
‘‘(i) a determination by the Board of 
Immigration Appeals affirming such order; 
‘‘(ii) the entry by the Board of Immi-
gration Appeals of such order; 
‘‘(iii) the expiration of the period in 
which any party is permitted to seek re-
view of such order by the Board of Immi-
gration Appeals; 
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250 
‘‘(iv) the entry by an immigration 
judge of such order, if appeal is waived by 
all parties; or 
‘‘(v) the entry by another administra-
tive officer of such order, at the conclusion 
of a process as authorized by law other 
than under section 240.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to ordered entered before, 
on, or after such date. 
SEC. 802. JUDICIAL REVIEW OF VISA REVOCATION. 
(a) IN GENERAL.—Section 221(i) of the Immigration 
and Nationality Act (8 U.S.C. 1201(i)) is amended by 
amending the last sentence to read as follows: ‘‘Notwith-
standing any other provision of law (statutory or non-
statutory), including section 2241 of title 28, United 
States Code, or any other habeas corpus provision, and 
sections 1361 and 1651 of such title, a revocation under 
this subsection may not be reviewed by any court, and no 
court shall have jurisdiction to hear any claim arising 
from, or any challenge to, such a revocation.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
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251 
ment of this Act and shall apply to visa revocations ef-
fected before, on, or after such date. 
SEC. 803. REINSTATEMENT. 
(a) IN GENERAL.—Section 241(a)(5) of the Immi-
gration and Nationality Act (8 U.S.C. 1231(a)(5)) is 
amended to read as follows: 
‘‘(5) REINSTATEMENT
OF
REMOVAL
ORDERS 
AGAINST ALIENS ILLEGALLY REENTERING.—If the 
Secretary of Homeland Security finds that an alien 
has entered the United States illegally after having 
been removed or having departed voluntarily, under 
an order of removal, deportation, or exclusion, re-
gardless of the date of the original order or the date 
of the illegal entry— 
‘‘(A) the order of removal, deportation, or 
exclusion is reinstated from its original date 
and is not subject to being reopened or re-
viewed; 
‘‘(B) the alien is not eligible and may not 
apply for any relief under this Act, regardless 
of the date that an application for such relief 
may have been filed; and 
‘‘(C) the alien shall be removed under the 
order of removal, deportation, or exclusion at 
any time after the illegal entry. 
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252 
Reinstatement under this paragraph shall not re-
quire proceedings before an immigration judge under 
section 240 or otherwise.’’. 
(b) JUDICIAL REVIEW.—Section 242 of the Immigra-
tion and Nationality Act (8 U.S.C. 1252) is amended by 
adding at the end the following new subsection: 
‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT UNDER 
SECTION 241(a)(5).— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law (statutory or nonstatutory), includ-
ing section 2241 of title 28, United States Code, or 
any other habeas corpus provision, sections 1361 
and 1651 of such title, or subsection (a)(2)(D) of 
this section, no court shall have jurisdiction to re-
view any cause or claim arising from or relating to 
any reinstatement under section 241(a)(5) (includ-
ing any challenge to the reinstated order), except as 
provided in paragraph (2) or (3). 
‘‘(2) CHALLENGES IN COURT OF APPEALS FOR 
DISTRICT OF COLUMBIA TO VALIDITY OF THE SYS-
TEM, ITS
IMPLEMENTATION, AND
RELATED
INDI-
VIDUAL DETERMINATIONS.— 
‘‘(A) IN GENERAL.—Judicial review of de-
terminations under section 241(a)(5) and its 
implementation is available in an action insti-
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253 
tuted in the United States Court of Appeals for 
the District of Columbia Circuit, but shall be 
limited, except as provided in subparagraph 
(B), to the following determinations: 
‘‘(i) Whether such section, or any reg-
ulation issued to implement such section, is 
constitutional. 
‘‘(ii) Whether such a regulation, or a 
written policy directive, written policy 
guideline, or written procedure issued by 
or under the authority of the Attorney 
General or the Secretary of Homeland Se-
curity to implement such section, is not 
consistent with applicable provisions of this 
Act or is otherwise in violation of a statute 
or the Constitution. 
‘‘(B) RELATED
INDIVIDUAL
DETERMINA-
TIONS.—If a person raises an action under sub-
paragraph (A), the person may also raise in the 
same action the following issues: 
‘‘(i) Whether the petitioner is an 
alien. 
‘‘(ii) Whether the petitioner was pre-
viously ordered removed or deported, or ex-
cluded. 
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254 
‘‘(iii) Whether the petitioner has since 
illegally entered the United States. 
‘‘(C) DEADLINES
FOR
BRINGING
AC-
TIONS.—Any action instituted under this para-
graph must be filed no later than 60 days after 
the date the challenged section, regulation, di-
rective, guideline, or procedure described in 
clause (i) or (ii) of subparagraph (A) is first 
implemented. 
‘‘(3) INDIVIDUAL
DETERMINATIONS
UNDER 
SECTION 242(a).—Judicial review of determinations 
under section 241(a)(5) is available in an action 
under subsection (a) of this section, but shall be lim-
ited to determinations of— 
‘‘(A) whether the petitioner is an alien; 
‘‘(B) whether the petitioner was previously 
ordered removed, deported, or excluded; and 
‘‘(C) whether the petitioner has since ille-
gally entered the United States. 
‘‘(4) SINGLE ACTION.—A person who files an 
action under paragraph (2) may not file a separate 
action under paragraph (3). A person who files an 
action under paragraph (3) may not file an action 
under paragraph (2).’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect as if enacted on 
April 1, 1997, and shall apply to all orders reinstated on 
or after that date by the Secretary of Homeland Security 
(or by the Attorney General prior to March 1, 2003), re-
gardless of the date of the original order. 
SEC. 804. WITHHOLDING OF REMOVAL. 
(a) IN GENERAL.—Section 241(b)(3) of the Immi-
gration and Nationality Act (8 U.S.C 1231(b)(3)) is 
amended— 
(1) in subparagraph (A), by adding at the end 
the following: ‘‘The burden of proof is on the alien 
to establish that the alien’s life or freedom would be 
threatened in that country, and that race, religion, 
nationality, membership in a particular social group, 
or political opinion would be at least one central rea-
son for such threat.’’; and 
(2) in subparagraph (C), by striking ‘‘In deter-
mining whether an alien has demonstrated that the 
alien’s life or freedom would be threatened for a rea-
son described in subparagraph (A)’’ and inserting 
‘‘For purposes of this paragraph’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
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256 
ment of section 101(c) of the REAL ID Act of 2005 (divi-
sion B of Public Law 109–13). 
SEC. 805. CERTIFICATE OF REVIEWABILITY. 
(a) ALIEN’S BRIEF.—Section 242(b)(3)(C) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1252(b)(3)(C)) is amended to read as follows: 
‘‘(C) ALIEN’S
BRIEF.—The alien shall 
serve and file a brief in connection with a peti-
tion for judicial review not later than 40 days 
after the date on which the administrative 
record is available. The court may not extend 
this deadline except upon motion for good cause 
shown. If an alien fails to file a brief within the 
time provided in this paragraph, the court shall 
dismiss the appeal unless a manifest injustice 
would result.’’. 
(b) 
CERTIFICATE
OF
REVIEWABILITY.—Section 
242(b)(3) of such Act (8 U.S.C. 1252 (b)(3)) is amended 
by adding at the end the following new subparagraphs: 
‘‘(D) CERTIFICATE.— 
‘‘(i) After the alien has filed the 
alien’s brief, the petition for review shall be 
assigned to a single court of appeals judge. 
‘‘(ii) Unless that court of appeals 
judge or a circuit justice issues a certifi-
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cate of reviewability, the petition for review 
shall be denied and the government shall 
not file a brief. 
‘‘(iii) A certificate of reviewability may 
issue under clause (ii) only if the alien has 
made a substantial showing that the peti-
tion for review is likely to be granted. 
‘‘(iv) The court of appeals judge or 
circuit justice shall complete all action on 
such certificate, including rendering judg-
ment, not later than 60 days after the date 
on which the judge or circuit justice was 
assigned the petition for review, unless an 
extension is granted under clause (v). 
‘‘(v) The judge or circuit justice may 
grant, on the judge’s or justice’s own mo-
tion or on the motion of a party, an exten-
sion of the 60-day period described in 
clause (iv) if— 
‘‘(I) all parties to the proceeding 
agree to such extension; or 
‘‘(II) such extension is for good 
cause shown or in the interests of jus-
tice, and the judge or circuit justice 
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states the grounds for the extension 
with specificity. 
‘‘(vi) If no certificate of reviewability 
is issued before the end of the period de-
scribed in clause (iv), including any exten-
sion under clause (v), the petition for re-
view shall be deemed denied, any stay or 
injunction on petitioner’s removal shall be 
dissolved without further action by the 
court or the government, and the alien 
may be removed. 
‘‘(vii) If a certificate of reviewability is 
issued under clause (ii), the Government 
shall be afforded an opportunity to file a 
brief in response to the alien’s brief. The 
alien may serve and file a reply brief not 
later than 14 days after service of the Gov-
ernment’s brief, and the court may not ex-
tend this deadline except upon motion for 
good cause shown. 
‘‘(E) NO FURTHER REVIEW OF THE COURT 
OF APPEALS JUDGE’S DECISION NOT TO ISSUE 
A CERTIFICATE OF REVIEWABILITY.—The sin-
gle court of appeals judge’s decision not to 
issue a certificate of reviewability, or the denial 
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of a petition under subparagraph (D)(vi), shall 
be the final decision for the court of appeals 
and shall not be reconsidered, reviewed, or re-
versed by the court of appeals through any 
mechanism or procedure.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to petitions filed on or after the 
date that is 60 days after the date of the enactment of 
this Act. 
SEC. 806. WAIVER OF RIGHTS IN NONIMMIGRANT VISA 
ISSUANCE. 
(a) IN GENERAL.—Section 221(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1201(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(3) An alien may not be issued a nonimmigrant visa 
unless the alien has waived any right— 
‘‘(A) to review or appeal under this Act of 
an immigration officer’s determination as to the 
inadmissibility of the alien at the port of entry 
into the United States; or 
‘‘(B) to contest, other than on the basis of 
an application for asylum, any action for re-
moval of the alien.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to visas issued on or after the 
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