I 

113TH CONGRESS 

1ST SESSION H. R. 1772 

To amend the Immigration and Nationality Act to make mandatory and 

permanent requirements relating to use of an electronic employment 

eligibility verification system, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2013 

Mr. SMITH of Texas (for himself, Mr. GOODLATTE, Mr. CALVERT, Mr. 

GOWDY, Mr. WESTMORELAND, Mr. STIVERS, Mr. LANCE, Mr. KING of 

New York, Mr. DEFAZIO, Mr. SENSENBRENNER, Mr. FRANKS of Arizona, Mr. POE of Texas, Mr. SCHWEIKERT, Mr. ROYCE, Mrs. BLACKBURN, Mr. FORBES, Mr. CHAFFETZ, Mr. BURGESS, Mr. LABRADOR, Mr. 

FARENTHOLD, Mr. HOLDING, Mr. BISHOP of Utah, and Mr. ISSA) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means and Education and the Workforce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Immigration and Nationality Act to make 

mandatory and permanent requirements relating to use 

of an electronic employment eligibility verification system, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Legal Workforce Act’’. 


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1 SEC. 2. EMPLOYMENT ELIGIBILITY VERIFICATION PROC2 ESS. 

3 (a) IN GENERAL.—Section 274A(b) of the Immigra4 tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 

5 to read as follows: 

6 ‘‘(b) EMPLOYMENT ELIGIBILITY VERIFICATION

7 PROCESS.— 

8 ‘‘(1) NEW HIRES, RECRUITMENT, AND REFER9 RAL.—The requirements referred to in paragraphs 

10 (1)(B) and (3) of subsection (a) are, in the case of 

11 a person or other entity hiring, recruiting, or refer12 ring an individual for employment in the United 

13 States, the following: 

14 ‘‘(A) ATTESTATION AFTER EXAMINATION

15 OF DOCUMENTATION.— 

16 ‘‘(i) ATTESTATION.—During the 

17 verification period (as defined in subpara18 graph (E)), the person or entity shall at19 test, under penalty of perjury and on a 

20 form, including electronic and telephonic 

21 formats, designated or established by the 

22 Secretary by regulation not later than 6 

23 months after the date of the enactment of 

24 the Legal Workforce Act, that it has 

25 verified that the individual is not an unau26 thorized alien by— 


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1 ‘‘(I) obtaining from the indi2 vidual the individual’s social security 

3 account number and recording the 

4 number on the form (if the individual 

5 claims to have been issued such a 

6 number), and, if the individual does 

7 not attest to United States nationality 

8 under subparagraph (B), obtaining 

9 such identification or authorization 

10 number established by the Depart11 ment of Homeland Security for the 

12 alien as the Secretary of Homeland 

13 Security may specify, and recording 

14 such number on the form; and 

15 ‘‘(II) examining— 

16 ‘‘(aa) a document relating to 

17 the individual presenting it de18 scribed in clause (ii); or 

19 ‘‘(bb) a document relating to 

20 the individual presenting it de21 scribed in clause (iii) and a docu22 ment relating to the individual 

23 presenting it described in clause 

24 (iv). 


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1 ‘‘(ii) DOCUMENTS EVIDENCING EM2 PLOYMENT AUTHORIZATION AND ESTAB3 LISHING IDENTITY.—A document de4 scribed in this subparagraph is an individ5 ual’s— 

6 ‘‘(I) unexpired United States 

7 passport or passport card; 

8 ‘‘(II) unexpired permanent resi9 dent card that contains a photograph; 

10 ‘‘(III) unexpired employment au11 thorization card that contains a pho12 tograph; 

13 ‘‘(IV) in the case of a non14 immigrant alien authorized to work 

15 for a specific employer incident to sta16 tus, a foreign passport with Form I– 

17 94 or Form I–94A, or other docu18 mentation as designated by the Sec19 retary specifying the alien’s non20 immigrant status as long as the pe21 riod of status has not yet expired and 

22 the proposed employment is not in 

23 conflict with any restrictions or limita24 tions identified in the documentation; 


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1 ‘‘(V) passport from the Fed2 erated States of Micronesia (FSM) or 

3 the Republic of the Marshall Islands 

4 (RMI) with Form I–94 or Form I– 

5 94A, or other documentation as des6 ignated by the Secretary, indicating 

7 nonimmigrant admission under the 

8 Compact of Free Association Between 

9 the United States and the FSM or 

10 RMI; or 

11 ‘‘(VI) other document designated 

12 by the Secretary of Homeland Secu13 rity, if the document— 

14 ‘‘(aa) contains a photograph 

15 of the individual and biometric 

16 identification data from the indi17 vidual and such other personal 

18 identifying information relating 

19 to the individual as the Secretary 

20 of Homeland Security finds, by 

21 regulation, sufficient for purposes 

22 of this clause; 

23 ‘‘(bb) is evidence of author24 ization of employment in the 

25 United States; and 


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1 ‘‘(cc) contains security fea2 tures to make it resistant to tam3 pering, counterfeiting, and fraud4 ulent use. 

5 ‘‘(iii) DOCUMENTS EVIDENCING EM6 PLOYMENT AUTHORIZATION.—A document 

7 described in this subparagraph is an indi8 vidual’s social security account number 

9 card (other than such a card which speci10 fies on the face that the issuance of the 

11 card does not authorize employment in the 

12 United States). 

13 ‘‘(iv) DOCUMENTS ESTABLISHING

14 IDENTITY OF INDIVIDUAL.—A document 

15 described in this subparagraph is— 

16 ‘‘(I) an individual’s unexpired 

17 State issued driver’s license or identi18 fication card if it contains a photo19 graph and information such as name, 

20 date of birth, gender, height, eye 

21 color, and address; 

22 ‘‘(II) an individual’s unexpired 

23 U.S. military identification card; 

24 ‘‘(III) an individual’s unexpired 

25 Native American tribal identification 


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1 document issued by a tribal entity rec2 ognized by the Bureau of Indian Af3 fairs; or 

4 ‘‘(IV) in the case of an individual 

5 under 18 years of age, a parent or 

6 legal guardian’s attestation under 

7 penalty of law as to the identity and 

8 age of the individual. 

9 ‘‘(v) AUTHORITY TO PROHIBIT USE OF

10 CERTAIN DOCUMENTS.—If the Secretary of 

11 Homeland Security finds, by regulation, 

12 that any document described in clause (i), 

13 (ii), or (iii) as establishing employment au14 thorization or identity does not reliably es15 tablish such authorization or identity or is 

16 being used fraudulently to an unacceptable 

17 degree, the Secretary may prohibit or place 

18 conditions on its use for purposes of this 

19 paragraph. 

20 ‘‘(vi) SIGNATURE.—Such attestation 

21 may be manifested by either a hand-writ22 ten or electronic signature. 

23 ‘‘(B) INDIVIDUAL ATTESTATION OF EM24 PLOYMENT AUTHORIZATION.—During the 

25 verification period (as defined in subparagraph 


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1 (E)), the individual shall attest, under penalty 

2 of perjury on the form designated or established 

3 for purposes of subparagraph (A), that the indi4 vidual is a citizen or national of the United 

5 States, an alien lawfully admitted for perma6 nent residence, or an alien who is authorized 

7 under this Act or by the Secretary of Homeland 

8 Security to be hired, recruited, or referred for 

9 such employment. Such attestation may be 

10 manifested by either a hand-written or elec11 tronic signature. The individual shall also pro12 vide that individual’s social security account 

13 number (if the individual claims to have been 

14 issued such a number), and, if the individual 

15 does not attest to United States nationality 

16 under this subparagraph, such identification or 

17 authorization number established by the De18 partment of Homeland Security for the alien as 

19 the Secretary may specify. 

20 ‘‘(C) RETENTION OF VERIFICATION FORM

21 AND VERIFICATION.— 

22 ‘‘(i) IN GENERAL.—After completion 

23 of such form in accordance with subpara24 graphs (A) and (B), the person or entity 

25 shall— 


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1 ‘‘(I) retain a paper, microfiche, 

2 microfilm, or electronic version of the 

3 form and make it available for inspec4 tion by officers of the Department of 

5 Homeland Security, the Special Coun6 sel for Immigration-Related Unfair 

7 Employment Practices, or the Depart8 ment of Labor during a period begin9 ning on the date of the recruiting or 

10 referral of the individual, or, in the 

11 case of the hiring of an individual, the 

12 date on which the verification is com13 pleted, and ending— 

14 ‘‘(aa) in the case of the re15 cruiting or referral of an indi16 vidual, 3 years after the date of 

17 the recruiting or referral; and 

18 ‘‘(bb) in the case of the hir19 ing of an individual, the later of 

20 3 years after the date the 

21 verification is completed or one 

22 year after the date the individ23 ual’s employment is terminated; 

24 and 


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1 ‘‘(II) during the verification pe2 riod (as defined in subparagraph (E)), 

3 make an inquiry, as provided in sub4 section (d), using the verification sys5 tem to seek verification of the identity 

6 and employment eligibility of an indi7 vidual. 

8 ‘‘(ii) CONFIRMATION.— 

9 ‘‘(I) CONFIRMATION RE10 CEIVED.—If the person or other entity 

11 receives an appropriate confirmation 

12 of an individual’s identity and work 

13 eligibility under the verification sys14 tem within the time period specified, 

15 the person or entity shall record on 

16 the form an appropriate code that is 

17 provided under the system and that 

18 indicates a final confirmation of such 

19 identity and work eligibility of the in20 dividual. 

21 ‘‘(II) TENTATIVE NONCONFIRMA22 TION RECEIVED.—If the person or 

23 other entity receives a tentative non24 confirmation of an individual’s iden25 tity or work eligibility under the 


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1 verification system within the time pe2 riod specified, the person or entity 

3 shall so inform the individual for 

4 whom the verification is sought. If the 

5 individual does not contest the non6 confirmation within the time period 

7 specified, the nonconfirmation shall be 

8 considered final. The person or entity 

9 shall then record on the form an ap10 propriate code which has been pro11 vided under the system to indicate a 

12 final nonconfirmation. If the indi13 vidual does contest the nonconfirma14 tion, the individual shall utilize the 

15 process for secondary verification pro16 vided under subsection (d). The non17 confirmation will remain tentative 

18 until a final confirmation or noncon19 firmation is provided by the 

20 verification system within the time pe21 riod specified. In no case shall an em22 ployer terminate employment of an in23 dividual because of a failure of the in24 dividual to have identity and work eli25 gibility confirmed under this section 


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1 until a nonconfirmation becomes final. 

2 Nothing in this clause shall apply to a 

3 termination of employment for any 

4 reason other than because of such a 

5 failure. In no case shall an employer 

6 rescind the offer of employment to an 

7 individual because of a failure of the 

8 individual to have identity and work 

9 eligibility confirmed under this sub10 section until a nonconfirmation be11 comes final. Nothing in this subclause 

12 shall apply to a recission of the offer 

13 of employment for any reason other 

14 than because of such a failure. 

15 ‘‘(III) FINAL CONFIRMATION OR

16 NONCONFIRMATION RECEIVED.—If a 

17 final confirmation or nonconfirmation 

18 is provided by the verification system 

19 regarding an individual, the person or 

20 entity shall record on the form an ap21 propriate code that is provided under 

22 the system and that indicates a con23 firmation or nonconfirmation of iden24 tity and work eligibility of the indi25 vidual. 


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1 ‘‘(IV) EXTENSION OF TIME.—If 

2 the person or other entity in good 

3 faith attempts to make an inquiry 

4 during the time period specified and 

5 the verification system has registered 

6 that not all inquiries were received 

7 during such time, the person or entity 

8 may make an inquiry in the first sub9 sequent working day in which the 

10 verification system registers that it 

11 has received all inquiries. If the 

12 verification system cannot receive in13 quiries at all times during a day, the 

14 person or entity merely has to assert 

15 that the entity attempted to make the 

16 inquiry on that day for the previous 

17 sentence to apply to such an inquiry, 

18 and does not have to provide any ad19 ditional proof concerning such inquiry. 

20 ‘‘(V) CONSEQUENCES OF NON21 CONFIRMATION.— 

22 ‘‘(aa) TERMINATION OR NO23 TIFICATION OF CONTINUED EM24 PLOYMENT.—If the person or 

25 other entity has received a final 


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1 nonconfirmation regarding an in2 dividual, the person or entity 

3 may terminate employment of the 

4 individual (or decline to recruit 

5 or refer the individual). If the 

6 person or entity does not termi7 nate employment of the indi8 vidual or proceeds to recruit or 

9 refer the individual, the person or 

10 entity shall notify the Secretary 

11 of Homeland Security of such 

12 fact through the verification sys13 tem or in such other manner as 

14 the Secretary may specify. 

15 ‘‘(bb) FAILURE TO NO16 TIFY.—If the person or entity 

17 fails to provide notice with re18 spect to an individual as required 

19 under item (aa), the failure is 

20 deemed to constitute a violation 

21 of subsection (a)(1)(A) with re22 spect to that individual. 

23 ‘‘(VI) CONTINUED EMPLOYMENT

24 AFTER FINAL NONCONFIRMATION.—If 

25 the person or other entity continues to 


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1 employ (or to recruit or refer) an indi2 vidual after receiving final noncon3 firmation, a rebuttable presumption is 

4 created that the person or entity has 

5 violated subsection (a)(1)(A). 

6 ‘‘(D) EFFECTIVE DATES OF NEW PROCE7 DURES.— 

8 ‘‘(i) HIRING.—Except as provided in 

9 clause (iii), the provisions of this para10 graph shall apply to a person or other enti11 ty hiring an individual for employment in 

12 the United States as follows: 

13 ‘‘(I) With respect to employers 

14 having 10,000 or more employees in 

15 the United States on the date of the 

16 enactment of the Legal Workforce 

17 Act, on the date that is 6 months 

18 after the date of the enactment of 

19 such Act. 

20 ‘‘(II) With respect to employers 

21 having 500 or more employees in the 

22 United States, but less than 10,000 

23 employees in the United States, on 

24 the date of the enactment of the 

25 Legal Workforce Act, on the date that 


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1 is 12 months after the date of the en2 actment of such Act. 

3 ‘‘(III) With respect to employers 

4 having 20 or more employees in the 

5 United States, but less than 500 em6 ployees in the United States, on the 

7 date of the enactment of the Legal 

8 Workforce Act, on the date that is 18 

9 months after the date of the enact10 ment of such Act. 

11 ‘‘(IV) With respect to employers 

12 having 1 or more employees in the 

13 United States, but less than 20 em14 ployees in the United States, on the 

15 date of the enactment of the Legal 

16 Workforce Act, on the date that is 24 

17 months after the date of the enact18 ment of such Act. 

19 ‘‘(ii) RECRUITING AND REFERRING.— 

20 Except as provided in clause (iii), the pro21 visions of this paragraph shall apply to a 

22 person or other entity recruiting or refer23 ring an individual for employment in the 

24 United States on the date that is 12 


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1 months after the date of the enactment of 

2 the Legal Workforce Act. 

3 ‘‘(iii) AGRICULTURAL LABOR OR SERV4 ICES.—With respect to an employee per5 forming agricultural labor or services, this 

6 paragraph shall not apply with respect to 

7 the verification of the employee until the 

8 date that is 24 months after the date of 

9 the enactment of the Legal Workforce Act. 

10 For purposes of the preceding sentence, 

11 the term ‘agricultural labor or services’ has 

12 the meaning given such term by the Sec13 retary of Agriculture in regulations and in14 cludes agricultural labor as defined in sec15 tion 3121(g) of the Internal Revenue Code 

16 of 1986, agriculture as defined in section 

17 3(f) of the Fair Labor Standards Act of 

18 1938 (29 U.S.C. 203(f)), the handling, 

19 planting, drying, packing, packaging, proc20 essing, freezing, or grading prior to deliv21 ery for storage of any agricultural or horti22 cultural commodity in its unmanufactured 

23 state, all activities required for the prepa24 ration, processing or manufacturing of a 

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1 fined in such section 3(f)) for further dis2 tribution, and activities similar to all the 

3 foregoing as they relate to fish or shellfish 

4 in aquaculture facilities. An employee de5 scribed in this clause shall not be counted 

6 for purposes of clause (i). 

7 ‘‘(iv) TRANSITION RULE.—Subject to 

8 paragraph (4), the following shall apply to 

9 a person or other entity hiring, recruiting, 

10 or referring an individual for employment 

11 in the United States until the effective 

12 date or dates applicable under clauses (i) 

13 through (iii): 

14 ‘‘(I) This subsection, as in effect 

15 before the enactment of the Legal 

16 Workforce Act. 

17 ‘‘(II) Subtitle A of title IV of the 

18 Illegal Immigration Reform and Im19 migrant Responsibility Act of 1996 (8 

20 U.S.C. 1324a note), as in effect be21 fore the effective date in section 7(c) 

22 of the Legal Workforce Act. 

23 ‘‘(III) Any other provision of 

24 Federal law requiring the person or 

25 entity to participate in the E-Verify 


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1 Program described in section 403(a) 

2 of the Illegal Immigration Reform and 

3 Immigrant Responsibility Act of 1996 

4 (8 U.S.C. 1324a note), as in effect be5 fore the effective date in section 7(c) 

6 of the Legal Workforce Act, including 

7 Executive Order 13465 (8 U.S.C. 

8 1324a note; relating to Government 

9 procurement). 

10 ‘‘(E) VERIFICATION PERIOD DEFINED.— 

11 ‘‘(i) IN GENERAL.—For purposes of 

12 this paragraph: 

13 ‘‘(I) In the case of recruitment or 

14 referral, the term ‘verification period’ 

15 means the period ending on the date 

16 recruiting or referring commences. 

17 ‘‘(II) In the case of hiring, the 

18 term ‘verification period’ means the 

19 period beginning on the date on which 

20 an offer of employment is extended 

21 and ending on the date that is 3 busi22 ness days after the date of hire, ex23 cept as provided in clause (iii). The 

24 offer of employment may be condi25 tioned in accordance with clause (ii). 


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1 ‘‘(ii) JOB OFFER MAY BE CONDI2 TIONAL.—A person or other entity may 

3 offer a prospective employee an employ4 ment position that is conditioned on final 

5 verification of the identity and employment 

6 eligibility of the employee using the proce7 dures established under this paragraph. 

8 ‘‘(iii) SPECIAL RULE.—Notwith9 standing clause (i)(II), in the case of an 

10 alien who is authorized for employment 

11 and who provides evidence from the Social 

12 Security Administration that the alien has 

13 applied for a social security account num14 ber, the verification period ends three busi15 ness days after the alien receives the social 

16 security account number. 

17 ‘‘(2) REVERIFICATION FOR INDIVIDUALS WITH

18 LIMITED WORK AUTHORIZATION.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), a person or entity shall 

21 make an inquiry, as provided in subsection (d), 

22 using the verification system to seek 

23 reverification of the identity and employment 

24 eligibility of all individuals with a limited period 

25 of work authorization employed by the person 


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1 or entity during the 3 business days before the 

2 date on which the employee’s work authoriza3 tion expires as follows: 

4 ‘‘(i) With respect to employers having 

5 10,000 or more employees in the United 

6 States on the date of the enactment of the 

7 Legal Workforce Act, beginning on the 

8 date that is 6 months after the date of the 

9 enactment of such Act. 

10 ‘‘(ii) With respect to employers having 

11 500 or more employees in the United 

12 States, but less than 10,000 employees in 

13 the United States, on the date of the en14 actment of the Legal Workforce Act, be15 ginning on the date that is 12 months 

16 after the date of the enactment of such 

17 Act. 

18 ‘‘(iii) With respect to employers hav19 ing 20 or more employees in the United 

20 States, but less than 500 employees in the 

21 United States, on the date of the enact22 ment of the Legal Workforce Act, begin23 ning on the date that is 18 months after 

24 the date of the enactment of such Act. 


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1 ‘‘(iv) With respect to employers hav2 ing 1 or more employees in the United 

3 States, but less than 20 employees in the 

4 United States, on the date of the enact5 ment of the Legal Workforce Act, begin6 ning on the date that is 24 months after 

7 the date of the enactment of such Act. 

8 ‘‘(B) AGRICULTURAL LABOR OR SERV9 ICES.—With respect to an employee performing 

10 agricultural labor or services, or an employee 

11 recruited or referred by a farm labor contractor 

12 (as defined in section 3 of the Migrant and Sea13 sonal Agricultural Worker Protection Act (29 

14 U.S.C. 1801)), subparagraph (A) shall not 

15 apply with respect to the reverification of the 

16 employee until the date that is 24 months after 

17 the date of the enactment of the Legal Work18 force Act. For purposes of the preceding sen19 tence, the term ‘agricultural labor or services’ 

20 has the meaning given such term by the Sec21 retary of Agriculture in regulations and in22 cludes agricultural labor as defined in section 

23 3121(g) of the Internal Revenue Code of 1986, 

24 agriculture as defined in section 3(f) of the 

25 Fair Labor Standards Act of 1938 (29 U.S.C. 


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1 203(f)), the handling, planting, drying, packing, 

2 packaging, processing, freezing, or grading 

3 prior to delivery for storage of any agricultural 

4 or horticultural commodity in its unmanufac5 tured state, all activities required for the prepa6 ration, processing, or manufacturing of a prod7 uct of agriculture (as such term is defined in 

8 such section 3(f)) for further distribution, and 

9 activities similar to all the foregoing as they re10 late to fish or shellfish in aquaculture facilities. 

11 An employee described in this subparagraph 

12 shall not be counted for purposes of subpara13 graph (A). 

14 ‘‘(C) REVERIFICATION.—Paragraph 

15 (1)(C)(ii) shall apply to reverifications pursuant 

16 to this paragraph on the same basis as it ap17 plies to verifications pursuant to paragraph (1), 

18 except that employers shall— 

19 ‘‘(i) use a form designated or estab20 lished by the Secretary by regulation for 

21 purposes of this paragraph; and 

22 ‘‘(ii) retain a paper, microfiche, micro23 film, or electronic version of the form and 

24 make it available for inspection by officers 

25 of the Department of Homeland Security, 


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1 the Special Counsel for Immigration-Re2 lated Unfair Employment Practices, or the 

3 Department of Labor during the period be4 ginning on the date the reverification com5 mences and ending on the date that is the 

6 later of 3 years after the date of such 

7 reverification or 1 year after the date the 

8 individual’s employment is terminated. 

9 ‘‘(3) PREVIOUSLY HIRED INDIVIDUALS.— 

10 ‘‘(A) ON A MANDATORY BASIS FOR CER11 TAIN EMPLOYEES.— 

12 ‘‘(i) IN GENERAL.—Not later than the 

13 date that is 6 months after the date of the 

14 enactment of the Legal Workforce Act, an 

15 employer shall make an inquiry, as pro16 vided in subsection (d), using the 

17 verification system to seek verification of 

18 the identity and employment eligibility of 

19 any individual described in clause (ii) em20 ployed by the employer whose employment 

21 eligibility has not been verified under the 

22 E-Verify Program described in section 

23 403(a) of the Illegal Immigration Reform 

24 and Immigrant Responsibility Act of 1996 

25 (8 U.S.C. 1324a note). 


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1 ‘‘(ii) INDIVIDUALS DESCRIBED.—An 

2 individual described in this clause is any of 

3 the following: 

4 ‘‘(I) An employee of any unit of 

5 a Federal, State, or local government. 

6 ‘‘(II) An employee who requires a 

7 Federal security clearance working in 

8 a Federal, State or local government 

9 building, a military base, a nuclear 

10 energy site, a weapons site, or an air11 port or other facility that requires 

12 workers to carry a Transportation 

13 Worker Identification Credential 

14 (TWIC). 

15 ‘‘(III) An employee assigned to 

16 perform work in the United States 

17 under a Federal contract, except that 

18 this subclause— 

19 ‘‘(aa) is not applicable to in20 dividuals who have a clearance 

21 under Homeland Security Presi22 dential Directive 12 (HSPD 12 

23 clearance), are administrative or 

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1 vide Commercial Off The Shelf 

2 goods or services as set forth by 

3 the Federal Acquisition Regu4 latory Council, unless they are 

5 subject to verification under sub6 clause (II); and 

7 ‘‘(bb) only applies to con8 tracts over the simple acquisition 

9 threshold as defined in section 

10 2.101 of title 48, Code of Federal 

11 Regulations. 

12 ‘‘(B) ON A MANDATORY BASIS FOR MUL13 TIPLE USERS OF SAME SOCIAL SECURITY AC14 COUNT NUMBER.—In the case of an employer 

15 who is required by this subsection to use the 

16 verification system described in subsection (d), 

17 or has elected voluntarily to use such system, 

18 the employer shall make inquiries to the system 

19 in accordance with the following: 

20 ‘‘(i) The Commissioner of Social Secu21 rity shall notify annually employees (at the 

22 employee address listed on the Wage and 

23 Tax Statement) who submit a social secu24 rity account number to which more than 

25 one employer reports income and for which 


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1 there is a pattern of unusual multiple use. 

2 The notification letter shall identify the 

3 number of employers to which income is 

4 being reported as well as sufficient infor5 mation notifying the employee of the proc6 ess to contact the Social Security Adminis7 tration Fraud Hotline if the employee be8 lieves the employee’s identity may have 

9 been stolen. The notice shall not share in10 formation protected as private, in order to 

11 avoid any recipient of the notice from 

12 being in the position to further commit or 

13 begin committing identity theft. 

14 ‘‘(ii) If the person to whom the social 

15 security account number was issued by the 

16 Social Security Administration has been 

17 identified and confirmed by the Commis18 sioner, and indicates that the social secu19 rity account number was used without 

20 their knowledge, the Secretary and the 

21 Commissioner shall lock the social security 

22 account number for employment eligibility 

23 verification purposes and shall notify the 

24 employers of the individuals who wrong25 fully submitted the social security account 


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1 number that the employee may not be 

2 work eligible. 

3 ‘‘(iii) Each employer receiving such 

4 notification of an incorrect social security 

5 account number under clause (ii) shall use 

6 the verification system described in sub7 section (d) to check the work eligibility sta8 tus of the applicable employee within 10 

9 business days of receipt of the notification. 

10 ‘‘(C) ON A VOLUNTARY BASIS.—Subject to 

11 paragraph (2), and subparagraphs (A) through 

12 (C) of this paragraph, beginning on the date 

13 that is 30 days after the date of the enactment 

14 of the Legal Workforce Act, an employer may 

15 make an inquiry, as provided in subsection (d), 

16 using the verification system to seek verification 

17 of the identity and employment eligibility of any 

18 individual employed by the employer. If an em19 ployer chooses voluntarily to seek verification of 

20 any individual employed by the employer, the 

21 employer shall seek verification of all individ22 uals so employed. An employer’s decision about 

23 whether or not voluntarily to seek verification 

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1 ment agency in any proceeding, investigation, 

2 or review provided for in this Act. 

3 ‘‘(D) VERIFICATION.—Paragraph 

4 (1)(C)(ii) shall apply to verifications pursuant 

5 to this paragraph on the same basis as it ap6 plies to verifications pursuant to paragraph (1), 

7 except that employers shall— 

8 ‘‘(i) use a form designated or estab9 lished by the Secretary by regulation for 

10 purposes of this paragraph; and 

11 ‘‘(ii) retain a paper, microfiche, micro12 film, or electronic version of the form and 

13 make it available for inspection by officers 

14 of the Department of Homeland Security, 

15 the Special Counsel for Immigration-Re16 lated Unfair Employment Practices, or the 

17 Department of Labor during the period be18 ginning on the date the verification com19 mences and ending on the date that is the 

20 later of 3 years after the date of such 

21 verification or 1 year after the date the in22 dividual’s employment is terminated. 

23 ‘‘(4) EARLY COMPLIANCE.— 

24 ‘‘(A) FORMER E-VERIFY REQUIRED USERS, 

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1 standing the deadlines in paragraphs (1) and 

2 (2), beginning on the date of the enactment of 

3 the Legal Workforce Act, the Secretary is au4 thorized to commence requiring employers re5 quired to participate in the E-Verify Program 

6 described in section 403(a) of the Illegal Immi7 gration Reform and Immigrant Responsibility 

8 Act of 1996 (8 U.S.C. 1324a note), including 

9 employers required to participate in such pro10 gram by reason of Federal acquisition laws 

11 (and regulations promulgated under those laws, 

12 including the Federal Acquisition Regulation), 

13 to commence compliance with the requirements 

14 of this subsection (and any additional require15 ments of such Federal acquisition laws and reg16 ulation) in lieu of any requirement to partici17 pate in the E-Verify Program. 

18 ‘‘(B) FORMER E-VERIFY VOLUNTARY

19 USERS AND OTHERS DESIRING EARLY COMPLI20 ANCE.—Notwithstanding the deadlines in para21 graphs (1) and (2), beginning on the date of 

22 the enactment of the Legal Workforce Act, the 

23 Secretary shall provide for the voluntary com24 pliance with the requirements of this subsection 

25 by employers voluntarily electing to participate 


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1 in the E-Verify Program described in section 

2 403(a) of the Illegal Immigration Reform and 

3 Immigrant Responsibility Act of 1996 (8 U.S.C. 

4 1324a note) before such date, as well as by 

5 other employers seeking voluntary early compli6 ance. 

7 ‘‘(5) COPYING OF DOCUMENTATION PER8 MITTED.—Notwithstanding any other provision of 

9 law, the person or entity may copy a document pre10 sented by an individual pursuant to this subsection 

11 and may retain the copy, but only (except as other12 wise permitted under law) for the purpose of com13 plying with the requirements of this subsection. 

14 ‘‘(6) LIMITATION ON USE OF FORMS.—A form 

15 designated or established by the Secretary of Home16 land Security under this subsection and any infor17 mation contained in or appended to such form, may 

18 not be used for purposes other than for enforcement 

19 of this Act and any other provision of Federal crimi20 nal law. 

21 ‘‘(7) GOOD FAITH COMPLIANCE.— 

22 ‘‘(A) IN GENERAL.—Except as otherwise 

23 provided in this subsection, a person or entity 

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1 nical or procedural failure to meet such require2 ment if there was a good faith attempt to com3 ply with the requirement. 

4 ‘‘(B) EXCEPTION IF FAILURE TO CORRECT

5 AFTER NOTICE.—Subparagraph (A) shall not 

6 apply if— 

7 ‘‘(i) the failure is not de minimus; 

8 ‘‘(ii) the Secretary of Homeland Secu9 rity has explained to the person or entity 

10 the basis for the failure and why it is not 

11 de minimus; 

12 ‘‘(iii) the person or entity has been 

13 provided a period of not less than 30 cal14 endar days (beginning after the date of the 

15 explanation) within which to correct the 

16 failure; and 

17 ‘‘(iv) the person or entity has not cor18 rected the failure voluntarily within such 

19 period. 

20 ‘‘(C) EXCEPTION FOR PATTERN OR PRAC21 TICE VIOLATORS.—Subparagraph (A) shall not 

22 apply to a person or entity that has or is engag23 ing in a pattern or practice of violations of sub24 section (a)(1)(A) or (a)(2). 


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1 ‘‘(8) SINGLE EXTENSION OF DEADLINES UPON

2 CERTIFICATION.—In a case in which the Secretary 

3 of Homeland Security has certified to the Congress 

4 that the employment eligibility verification system 

5 required under subsection (d) will not be fully oper6 ational by the date that is 6 months after the date 

7 of the enactment of the Legal Workforce Act, each 

8 deadline established under this section for an em9 ployer to make an inquiry using such system shall 

10 be extended by 6 months. No other extension of such 

11 a deadline shall be made.’’. 

12 (b) DATE OF HIRE.—Section 274A(h) of the Immi13 gration and Nationality Act (8 U.S.C. 1324a(h)) is 

14 amended by adding at the end the following: 

15 ‘‘(4) DEFINITION OF DATE OF HIRE.—As used 

16 in this section, the term ‘date of hire’ means the 

17 date of actual commencement of employment for 

18 wages or other remuneration, unless otherwise speci19 fied.’’. 

20 SEC. 3. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM. 

21 Section 274A(d) of the Immigration and Nationality 

22 Act (8 U.S.C. 1324a(d)) is amended to read as follows: 

23 ‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS24 TEM.— 


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1 ‘‘(1) IN GENERAL.—Patterned on the employ2 ment eligibility confirmation system established 

3 under section 404 of the Illegal Immigration Reform 

4 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

5 1324a note), the Secretary of Homeland Security 

6 shall establish and administer a verification system 

7 through which the Secretary (or a designee of the 

8 Secretary, which may be a nongovernmental enti9 ty)— 

10 ‘‘(A) responds to inquiries made by per11 sons at any time through a toll-free telephone 

12 line and other toll-free electronic media con13 cerning an individual’s identity and whether the 

14 individual is authorized to be employed; and 

15 ‘‘(B) maintains records of the inquiries 

16 that were made, of verifications provided (or 

17 not provided), and of the codes provided to in18 quirers as evidence of their compliance with 

19 their obligations under this section. 

20 ‘‘(2) INITIAL RESPONSE.—The verification sys21 tem shall provide confirmation or a tentative non22 confirmation of an individual’s identity and employ23 ment eligibility within 3 working days of the initial 

24 inquiry. If providing confirmation or tentative non25 confirmation, the verification system shall provide an 


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1 appropriate code indicating such confirmation or 

2 such nonconfirmation. 

3 ‘‘(3) SECONDARY CONFIRMATION PROCESS IN

4 CASE OF TENTATIVE NONCONFIRMATION.—In cases 

5 of tentative nonconfirmation, the Secretary shall 

6 specify, in consultation with the Commissioner of 

7 Social Security, an available secondary verification 

8 process to confirm the validity of information pro9 vided and to provide a final confirmation or noncon10 firmation not later than 10 working days after the 

11 date on which the notice of the tentative noncon12 firmation is received by the employee. The Secretary, 

13 in consultation with the Commissioner, may extend 

14 this deadline once on a case-by-case basis for a pe15 riod of 10 working days, and if the time is extended, 

16 shall document such extension within the verification 

17 system. The Secretary, in consultation with the 

18 Commissioner, shall notify the employee and em19 ployer of such extension. The Secretary, in consulta20 tion with the Commissioner, shall create a standard 

21 process of such extension and notification and shall 

22 make a description of such process available to the 

23 public. When final confirmation or nonconfirmation 

24 is provided, the verification system shall provide an 


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1 appropriate code indicating such confirmation or 

2 nonconfirmation. 

3 ‘‘(4) DESIGN AND OPERATION OF SYSTEM.— 

4 The verification system shall be designed and oper5 ated— 

6 ‘‘(A) to maximize its reliability and ease of 

7 use by persons and other entities consistent 

8 with insulating and protecting the privacy and 

9 security of the underlying information; 

10 ‘‘(B) to respond to all inquiries made by 

11 such persons and entities on whether individ12 uals are authorized to be employed and to reg13 ister all times when such inquiries are not re14 ceived; 

15 ‘‘(C) with appropriate administrative, tech16 nical, and physical safeguards to prevent unau17 thorized disclosure of personal information; 

18 ‘‘(D) to have reasonable safeguards against 

19 the system’s resulting in unlawful discrimina20 tory practices based on national origin or citi21 zenship status, including— 

22 ‘‘(i) the selective or unauthorized use 

23 of the system to verify eligibility; or 

24 ‘‘(ii) the exclusion of certain individ25 uals from consideration for employment as 


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1 a result of a perceived likelihood that addi2 tional verification will be required, beyond 

3 what is required for most job applicants; 

4 ‘‘(E) to maximize the prevention of iden5 tity theft use in the system; and 

6 ‘‘(F) to limit the subjects of verification to 

7 the following individuals: 

8 ‘‘(i) Individuals hired, referred, or re9 cruited, in accordance with paragraph (1) 

10 or (4) of subsection (b). 

11 ‘‘(ii) Employees and prospective em12 ployees, in accordance with paragraph (1), 

13 (2), (3), or (4) of subsection (b). 

14 ‘‘(iii) Individuals seeking to confirm 

15 their own employment eligibility on a vol16 untary basis. 

17 ‘‘(5) RESPONSIBILITIES OF COMMISSIONER OF

18 SOCIAL SECURITY.—As part of the verification sys19 tem, the Commissioner of Social Security, in con20 sultation with the Secretary of Homeland Security 

21 (and any designee of the Secretary selected to estab22 lish and administer the verification system), shall es23 tablish a reliable, secure method, which, within the 

24 time periods specified under paragraphs (2) and (3), 

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1 ber provided in an inquiry against such information 

2 maintained by the Commissioner in order to validate 

3 (or not validate) the information provided regarding 

4 an individual whose identity and employment eligi5 bility must be confirmed, the correspondence of the 

6 name and number, and whether the individual has 

7 presented a social security account number that is 

8 not valid for employment. The Commissioner shall 

9 not disclose or release social security information 

10 (other than such confirmation or nonconfirmation) 

11 under the verification system except as provided for 

12 in this section or section 205(c)(2)(I) of the Social 

13 Security Act. 

14 ‘‘(6) RESPONSIBILITIES OF SECRETARY OF

15 HOMELAND SECURITY.—As part of the verification 

16 system, the Secretary of Homeland Security (in con17 sultation with any designee of the Secretary selected 

18 to establish and administer the verification system), 

19 shall establish a reliable, secure method, which, with20 in the time periods specified under paragraphs (2) 

21 and (3), compares the name and alien identification 

22 or authorization number (or any other information 

23 as determined relevant by the Secretary) which are 

24 provided in an inquiry against such information 

25 maintained or accessed by the Secretary in order to 


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1 validate (or not validate) the information provided, 

2 the correspondence of the name and number, wheth3 er the alien is authorized to be employed in the 

4 United States, or to the extent that the Secretary 

5 determines to be feasible and appropriate, whether 

6 the records available to the Secretary verify the 

7 identity or status of a national of the United States. 

8 ‘‘(7) UPDATING INFORMATION.—The Commis9 sioner of Social Security and the Secretary of Home10 land Security shall update their information in a 

11 manner that promotes the maximum accuracy and 

12 shall provide a process for the prompt correction of 

13 erroneous information, including instances in which 

14 it is brought to their attention in the secondary 

15 verification process described in paragraph (3). 

16 ‘‘(8) LIMITATION ON USE OF THE

17 VERIFICATION SYSTEM AND ANY RELATED SYS18 TEMS.— 

19 ‘‘(A) NO NATIONAL IDENTIFICATION

20 CARD.—Nothing in this section shall be con21 strued to authorize, directly or indirectly, the 

22 issuance or use of national identification cards 

23 or the establishment of a national identification 

24 card. 


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1 ‘‘(B) CRITICAL INFRASTRUCTURE.—The 

2 Secretary may authorize or direct any person or 

3 entity responsible for granting access to, pro4 tecting, securing, operating, administering, or 

5 regulating part of the critical infrastructure (as 

6 defined in section 1016(e) of the Critical Infra7 structure Protection Act of 2001 (42 U.S.C. 

8 5195c(e))) to use the verification system to the 

9 extent the Secretary determines that such use 

10 will assist in the protection of the critical infra11 structure. 

12 ‘‘(9) REMEDIES.—If an individual alleges that 

13 the individual would not have been dismissed from 

14 a job but for an error of the verification mechanism, 

15 the individual may seek compensation only through 

16 the mechanism of the Federal Tort Claims Act, and 

17 injunctive relief to correct such error. No class ac18 tion may be brought under this paragraph.’’. 

19 SEC. 4. RECRUITMENT, REFERRAL, AND CONTINUATION OF 

20 EMPLOYMENT. 

21 (a) ADDITIONAL CHANGES TO RULES FOR RECRUIT22 MENT, REFERRAL, AND CONTINUATION OF EMPLOY23 MENT.—Section 274A(a) of the Immigration and Nation24 ality Act (8 U.S.C. 1324a(a)) is amended— 

25 (1) in paragraph (1)(A), by striking ‘‘for a fee’’; 


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1 (2) in paragraph (1), by amending subpara2 graph (B) to read as follows: 

3 ‘‘(B) to hire, continue to employ, or to re4 cruit or refer for employment in the United 

5 States an individual without complying with the 

6 requirements of subsection (b).’’; and 

7 (3) in paragraph (2), by striking ‘‘after hiring 

8 an alien for employment in accordance with para9 graph (1),’’ and inserting ‘‘after complying with 

10 paragraph (1),’’. 

11 (b) DEFINITION.—Section 274A(h) of the Immigra12 tion and Nationality Act (8 U.S.C. 1324a(h)), as amended 

13 by section 2(b) of this Act, is further amended by adding 

14 at the end the following: 

15 ‘‘(5) DEFINITION OF RECRUIT OR REFER.—As 

16 used in this section, the term ‘refer’ means the act 

17 of sending or directing a person who is in the United 

18 States or transmitting documentation or information 

19 to another, directly or indirectly, with the intent of 

20 obtaining employment in the United States for such 

21 person. Only persons or entities referring for remu22 neration (whether on a retainer or contingency 

23 basis) are included in the definition, except that 

24 union hiring halls that refer union members or non25 union individuals who pay union membership dues 


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1 are included in the definition whether or not they re2 ceive remuneration, as are labor service entities or 

3 labor service agencies, whether public, private, for4 profit, or nonprofit, that refer, dispatch, or other5 wise facilitate the hiring of laborers for any period 

6 of time by a third party. As used in this section, the 

7 term ‘recruit’ means the act of soliciting a person 

8 who is in the United States, directly or indirectly, 

9 and referring the person to another with the intent 

10 of obtaining employment for that person. Only per11 sons or entities referring for remuneration (whether 

12 on a retainer or contingency basis) are included in 

13 the definition, except that union hiring halls that 

14 refer union members or nonunion individuals who 

15 pay union membership dues are included in this defi16 nition whether or not they receive remuneration, as 

17 are labor service entities or labor service agencies, 

18 whether public, private, for-profit, or nonprofit that 

19 recruit, dispatch, or otherwise facilitate the hiring of 

20 laborers for any period of time by a third party.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on the date that is 1 year 

23 after the date of the enactment of this Act, except that 

24 the amendments made by subsection (a) shall take effect 

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1 far as such amendments relate to continuation of employ2 ment. 

3 SEC. 5. GOOD FAITH DEFENSE. 

4 Section 274A(a)(3) of the Immigration and Nation5 ality Act (8 U.S.C. 1324a(a)(3)) is amended to read as 

6 follows: 

7 ‘‘(3) GOOD FAITH DEFENSE.— 

8 ‘‘(A) DEFENSE.—An employer (or person 

9 or entity that hires, employs, recruits, or refers 

10 (as defined in subsection (h)(5)), or is otherwise 

11 obligated to comply with this section) who es12 tablishes that it has complied in good faith with 

13 the requirements of subsection (b)— 

14 ‘‘(i) shall not be liable to a job appli15 cant, an employee, the Federal Govern16 ment, or a State or local government, 

17 under Federal, State, or local criminal or 

18 civil law for any employment-related action 

19 taken with respect to a job applicant or 

20 employee in good-faith reliance on informa21 tion provided through the system estab22 lished under subsection (d); and 

23 ‘‘(ii) has established compliance with 

24 its obligations under subparagraphs (A) 

25 and (B) of paragraph (1) and subsection 


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1 (b) absent a showing by the Secretary of 

2 Homeland Security, by clear and con3 vincing evidence, that the employer had 

4 knowledge that an employee is an unau5 thorized alien. 

6 ‘‘(B) FAILURE TO SEEK AND OBTAIN

7 VERIFICATION.—Subject to the effective dates 

8 and other deadlines applicable under subsection 

9 (b), in the case of a person or entity in the 

10 United States that hires, or continues to em11 ploy, an individual, or recruits or refers an indi12 vidual for employment, the following require13 ments apply: 

14 ‘‘(i) FAILURE TO SEEK

15 VERIFICATION.— 

16 ‘‘(I) IN GENERAL.—If the person 

17 or entity has not made an inquiry, 

18 under the mechanism established 

19 under subsection (d) and in accord20 ance with the timeframes established 

21 under subsection (b), seeking 

22 verification of the identity and work 

23 eligibility of the individual, the de24 fense under subparagraph (A) shall 

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1 spect to any employment, except as 

2 provided in subclause (II). 

3 ‘‘(II) SPECIAL RULE FOR FAIL4 URE OF VERIFICATION MECHANISM.— 

5 If such a person or entity in good 

6 faith attempts to make an inquiry in 

7 order to qualify for the defense under 

8 subparagraph (A) and the verification 

9 mechanism has registered that not all 

10 inquiries were responded to during the 

11 relevant time, the person or entity can 

12 make an inquiry until the end of the 

13 first subsequent working day in which 

14 the verification mechanism registers 

15 no nonresponses and qualify for such 

16 defense. 

17 ‘‘(ii) FAILURE TO OBTAIN

18 VERIFICATION.—If the person or entity 

19 has made the inquiry described in clause 

20 (i)(I) but has not received an appropriate 

21 verification of such identity and work eligi22 bility under such mechanism within the 

23 time period specified under subsection 

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1 paragraph (A) shall not be considered to 

2 apply with respect to any employment after 

3 the end of such time period.’’. 

4 SEC. 6. PREEMPTION AND STATES’ RIGHTS. 

5 Section 274A(h)(2) of the Immigration and Nation6 ality Act (8 U.S.C. 1324a(h)(2)) is amended to read as 

7 follows: 

8 ‘‘(2) PREEMPTION.— 

9 ‘‘(A) SINGLE, NATIONAL POLICY.—The 

10 provisions of this section preempt any State or 

11 local law, ordinance, policy, or rule, including 

12 any criminal or civil fine or penalty structure, 

13 insofar as they may now or hereafter relate to 

14 the hiring, continued employment, or status 

15 verification for employment eligibility purposes, 

16 of unauthorized aliens. 

17 ‘‘(B) STATE ENFORCEMENT OF FEDERAL

18 LAW.— 

19 ‘‘(i) BUSINESS LICENSING.—A State, 

20 locality, municipality, or political subdivi21 sion may exercise its authority over busi22 ness licensing and similar laws as a pen23 alty for failure to use the verification sys24 tem described in subsection (d) to verify 


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1 employment eligibility when and as re2 quired under subsection (b). 

3 ‘‘(ii) GENERAL RULES.—A State, at 

4 its own cost, may enforce the provisions of 

5 this section, but only insofar as such State 

6 follows the Federal regulations imple7 menting this section, applies the Federal 

8 penalty structure set out in this section, 

9 and complies with all Federal rules and 

10 guidance concerning implementation of this 

11 section. Such State may collect any fines 

12 assessed under this section. An employer 

13 may not be subject to enforcement, includ14 ing audit and investigation, by both a Fed15 eral agency and a State for the same viola16 tion under this section. Whichever entity, 

17 the Federal agency or the State, is first to 

18 initiate the enforcement action, has the 

19 right of first refusal to proceed with the 

20 enforcement action. The Secretary must 

21 provide copies of all guidance, training, 

22 and field instructions provided to Federal 

23 officials implementing the provisions of 

24 this section to each State.’’. 


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1 SEC. 7. REPEAL. 

2 (a) IN GENERAL.—Subtitle A of title IV of the Illegal 

3 Immigration Reform and Immigrant Responsibility Act of 

4 1996 (8 U.S.C. 1324a note) is repealed. 

5 (b) REFERENCES.—Any reference in any Federal 

6 law, Executive order, rule, regulation, or delegation of au7 thority, or any document of, or pertaining to, the Depart8 ment of Homeland Security, Department of Justice, or the 

9 Social Security Administration, to the employment eligi10 bility confirmation system established under section 404 

11 of the Illegal Immigration Reform and Immigrant Respon12 sibility Act of 1996 (8 U.S.C. 1324a note) is deemed to 

13 refer to the employment eligibility confirmation system es14 tablished under section 274A(d) of the Immigration and 

15 Nationality Act, as amended by section 3 of this Act. 

16 (c) EFFECTIVE DATE.—This section shall take effect 

17 on the date that is 36 months after the date of the enact18 ment of this Act. 

19 SEC. 8. PENALTIES. 

20 Section 274A of the Immigration and Nationality Act 

21 (8 U.S.C. 1324a) is amended— 

22 (1) in subsection (e)(1)— 

23 (A) by striking ‘‘Attorney General’’ each 

24 place such term appears and inserting ‘‘Sec25 retary of Homeland Security’’; and 


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1 (B) in subparagraph (D), by striking 

2 ‘‘Service’’ and inserting ‘‘Department of Home3 land Security’’; 

4 (2) in subsection (e)(4)— 

5 (A) in subparagraph (A), in the matter be6 fore clause (i), by inserting ‘‘, subject to para7 graph (10),’’ after ‘‘in an amount’’; 

8 (B) in subparagraph (A)(i), by striking 

9 ‘‘not less than $250 and not more than 

10 $2,000’’ and inserting ‘‘not less than $2,500 

11 and not more than $5,000’’; 

12 (C) in subparagraph (A)(ii), by striking 

13 ‘‘not less than $2,000 and not more than 

14 $5,000’’ and inserting ‘‘not less than $5,000 

15 and not more than $10,000’’; 

16 (D) in subparagraph (A)(iii), by striking 

17 ‘‘not less than $3,000 and not more than 

18 $10,000’’ and inserting ‘‘not less than $10,000 

19 and not more than $25,000’’; and 

20 (E) by amending subparagraph (B) to read 

21 as follows: 

22 ‘‘(B) may require the person or entity to 

23 take such other remedial action as is appro24 priate.’’; 

25 (3) in subsection (e)(5)— 


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1 (A) in the paragraph heading, strike ‘‘PA2 PERWORK’’; 

3 (B) by inserting ‘‘, subject to paragraphs 

4 (10) through (12),’’ after ‘‘in an amount’’; 

5 (C) by striking ‘‘$100’’ and inserting 

6 ‘‘$1,000’’; 

7 (D) by striking ‘‘$1,000’’ and inserting 

8 ‘‘$25,000’’; and 

9 (E) by adding at the end the following: 

10 ‘‘Failure by a person or entity to utilize the em11 ployment eligibility verification system as re12 quired by law, or providing information to the 

13 system that the person or entity knows or rea14 sonably believes to be false, shall be treated as 

15 a violation of subsection (a)(1)(A).’’; 

16 (4) by adding at the end of subsection (e) the 

17 following: 

18 ‘‘(10) EXEMPTION FROM PENALTY FOR GOOD

19 FAITH VIOLATION.—In the case of imposition of a 

20 civil penalty under paragraph (4)(A) with respect to 

21 a violation of subsection (a)(1)(A) or (a)(2) for hir22 ing or continuation of employment or recruitment or 

23 referral by person or entity and in the case of impo24 sition of a civil penalty under paragraph (5) for a 

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1 cruitment or referral by a person or entity, the pen2 alty otherwise imposed may be waived or reduced if 

3 the violator establishes that the violator acted in 

4 good faith. 

5 ‘‘(11) AUTHORITY TO DEBAR EMPLOYERS FOR

6 CERTAIN VIOLATIONS.— 

7 ‘‘(A) IN GENERAL.—If a person or entity 

8 is determined by the Secretary of Homeland Se9 curity to be a repeat violator of paragraph 

10 (1)(A) or (2) of subsection (a), or is convicted 

11 of a crime under this section, such person or 

12 entity may be considered for debarment from 

13 the receipt of Federal contracts, grants, or co14 operative agreements in accordance with the de15 barment standards and pursuant to the debar16 ment procedures set forth in the Federal Acqui17 sition Regulation. 

18 ‘‘(B) DOES NOT HAVE CONTRACT, GRANT, 

19 AGREEMENT.—If the Secretary of Homeland 

20 Security or the Attorney General wishes to have 

21 a person or entity considered for debarment in 

22 accordance with this paragraph, and such an 

23 person or entity does not hold a Federal con24 tract, grant or cooperative agreement, the Sec25 retary or Attorney General shall refer the matVerDate Mar 15 2010 17:40 May 01, 2013 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H1772.IH H1772

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1 ter to the Administrator of General Services to 

2 determine whether to list the person or entity 

3 on the List of Parties Excluded from Federal 

4 Procurement, and if so, for what duration and 

5 under what scope. 

6 ‘‘(C) HAS CONTRACT, GRANT, AGREE7 MENT.—If the Secretary of Homeland Security 

8 or the Attorney General wishes to have a per9 son or entity considered for debarment in ac10 cordance with this paragraph, and such person 

11 or entity holds a Federal contract, grant or co12 operative agreement, the Secretary or Attorney 

13 General shall advise all agencies or departments 

14 holding a contract, grant, or cooperative agree15 ment with the person or entity of the Govern16 ment’s interest in having the person or entity 

17 considered for debarment, and after soliciting 

18 and considering the views of all such agencies 

19 and departments, the Secretary or Attorney 

20 General may refer the matter to any appro21 priate lead agency to determine whether to list 

22 the person or entity on the List of Parties Ex23 cluded from Federal Procurement, and if so, for 

24 what duration and under what scope. 


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1 ‘‘(D) REVIEW.—Any decision to debar a 

2 person or entity in accordance with this para3 graph shall be reviewable pursuant to part 9.4 

4 of the Federal Acquisition Regulation. 

5 ‘‘(12) OFFICE FOR STATE AND LOCAL GOVERN6 MENT COMPLAINTS.—The Secretary of Homeland 

7 Security shall establish an office— 

8 ‘‘(A) to which State and local government 

9 agencies may submit information indicating po10 tential violations of subsection (a), (b), or 

11 (g)(1) that were generated in the normal course 

12 of law enforcement or the normal course of 

13 other official activities in the State or locality; 

14 ‘‘(B) that is required to indicate to the 

15 complaining State or local agency within 5 busi16 ness days of the filing of such a complaint by 

17 identifying whether the Secretary will further 

18 investigate the information provided; 

19 ‘‘(C) that is required to investigate those 

20 complaints filed by State or local government 

21 agencies that, on their face, have a substantial 

22 probability of validity; 

23 ‘‘(D) that is required to notify the com24 plaining State or local agency of the results of 

25 any such investigation conducted; and 


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1 ‘‘(E) that is required to report to the Con2 gress annually the number of complaints re3 ceived under this paragraph, the States and lo4 calities that filed such complaints, and the reso5 lution of the complaints investigated by the Sec6 retary.’’; and 

7 (5) by amending paragraph (1) of subsection (f) 

8 to read as follows: 

9 ‘‘(1) CRIMINAL PENALTY.—Any person or enti10 ty which engages in a pattern or practice of viola11 tions of subsection (a)(1) or (2) shall be fined not 

12 more than $15,000 for each unauthorized alien with 

13 respect to which such a violation occurs, imprisoned 

14 for not less than one year and not more than 10 

15 years, or both, notwithstanding the provisions of any 

16 other Federal law relating to fine levels.’’. 

17 SEC. 9. FRAUD AND MISUSE OF DOCUMENTS. 

18 Section 1546(b) of title 18, United States Code, is 

19 amended— 

20 (1) in paragraph (1), by striking ‘‘identification 

21 document,’’ and inserting ‘‘identification document 

22 or document meant to establish work authorization 

23 (including the documents described in section 

24 274A(b) of the Immigration and Nationality Act),’’; 

25 and 


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1 (2) in paragraph (2), by striking ‘‘identification 

2 document’’ and inserting ‘‘identification document or 

3 document meant to establish work authorization (in4 cluding the documents described in section 274A(b) 

5 of the Immigration and Nationality Act),’’. 

6 SEC. 10. PROTECTION OF SOCIAL SECURITY ADMINISTRA7 TION PROGRAMS. 

8 (a) FUNDING UNDER AGREEMENT.—Effective for 

9 fiscal years beginning on or after October 1, 2013, the 

10 Commissioner of Social Security and the Secretary of 

11 Homeland Security shall enter into and maintain an 

12 agreement which shall— 

13 (1) provide funds to the Commissioner for the 

14 full costs of the responsibilities of the Commissioner 

15 under section 274A(d) of the Immigration and Na16 tionality Act (8 U.S.C. 1324a(d)), as amended by 

17 section 3 of this Act, including (but not limited 

18 to)— 

19 (A) acquiring, installing, and maintaining 

20 technological equipment and systems necessary 

21 for the fulfillment of the responsibilities of the 

22 Commissioner under such section 274A(d), but 

23 only that portion of such costs that are attrib24 utable exclusively to such responsibilities; and 


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1 (B) responding to individuals who contest 

2 a tentative nonconfirmation provided by the em3 ployment eligibility verification system estab4 lished under such section; 

5 (2) provide such funds annually in advance of 

6 the applicable quarter based on estimating method7 ology agreed to by the Commissioner and the Sec8 retary (except in such instances where the delayed 

9 enactment of an annual appropriation may preclude 

10 such quarterly payments); and 

11 (3) require an annual accounting and reconcili12 ation of the actual costs incurred and the funds pro13 vided under the agreement, which shall be reviewed 

14 by the Inspectors General of the Social Security Ad15 ministration and the Department of Homeland Secu16 rity. 

17 (b) CONTINUATION OF EMPLOYMENT VERIFICATION

18 IN ABSENCE OF TIMELY AGREEMENT.—In any case in 

19 which the agreement required under subsection (a) for any 

20 fiscal year beginning on or after October 1, 2013, has not 

21 been reached as of October 1 of such fiscal year, the latest 

22 agreement between the Commissioner and the Secretary 

23 of Homeland Security providing for funding to cover the 

24 costs of the responsibilities of the Commissioner under 

25 section 274A(d) of the Immigration and Nationality Act 


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1 (8 U.S.C. 1324a(d)) shall be deemed in effect on an in2 terim basis for such fiscal year until such time as an 

3 agreement required under subsection (a) is subsequently 

4 reached, except that the terms of such interim agreement 

5 shall be modified by the Director of the Office of Manage6 ment and Budget to adjust for inflation and any increase 

7 or decrease in the volume of requests under the employ8 ment eligibility verification system. In any case in which 

9 an interim agreement applies for any fiscal year under this 

10 subsection, the Commissioner and the Secretary shall, not 

11 later than October 1 of such fiscal year, notify the Com12 mittee on Ways and Means, the Committee on the Judici13 ary, and the Committee on Appropriations of the House 

14 of Representatives and the Committee on Finance, the 

15 Committee on the Judiciary, and the Committee on Ap16 propriations of the Senate of the failure to reach the 

17 agreement required under subsection (a) for such fiscal 

18 year. Until such time as the agreement required under 

19 subsection (a) has been reached for such fiscal year, the 

20 Commissioner and the Secretary shall, not later than the 

21 end of each 90-day period after October 1 of such fiscal 

22 year, notify such Committees of the status of negotiations 

23 between the Commissioner and the Secretary in order to 

24 reach such an agreement. 


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1 SEC. 11. FRAUD PREVENTION. 

2 (a) BLOCKING MISUSED SOCIAL SECURITY ACCOUNT

3 NUMBERS.—The Secretary of Homeland Security, in con4 sultation with the Commissioner of Social Security, shall 

5 establish a program in which social security account num6 bers that have been identified to be subject to unusual 

7 multiple use in the employment eligibility verification sys8 tem established under section 274A(d) of the Immigration 

9 and Nationality Act (8 U.S.C. 1324a(d)), as amended by 

10 section 3 of this Act, or that are otherwise suspected or 

11 determined to have been compromised by identity fraud 

12 or other misuse, shall be blocked from use for such system 

13 purposes unless the individual using such number is able 

14 to establish, through secure and fair additional security 

15 procedures, that the individual is the legitimate holder of 

16 the number. 

17 (b) ALLOWING SUSPENSION OF USE OF CERTAIN SO18 CIAL SECURITY ACCOUNT NUMBERS.—The Secretary of 

19 Homeland Security, in consultation with the Commis20 sioner of Social Security, shall establish a program which 

21 shall provide a reliable, secure method by which victims 

22 of identity fraud and other individuals may suspend or 

23 limit the use of their social security account number or 

24 other identifying information for purposes of the employ25 ment eligibility verification system established under sec26 tion 274A(d) of the Immigration and Nationality Act (8 


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1 U.S.C. 1324a(d)), as amended by section 3 of this Act. 

2 The Secretary may implement the program on a limited 

3 pilot program basis before making it fully available to all 

4 individuals. 

5 (c) ALLOWING PARENTS TO PREVENT THEFT OF

6 THEIR CHILD’S IDENTITY.—The Secretary of Homeland 

7 Security, in consultation with the Commissioner of Social 

8 Security, shall establish a program which shall provide a 

9 reliable, secure method by which parents or legal guard10 ians may suspend or limit the use of the social security 

11 account number or other identifying information of a 

12 minor under their care for the purposes of the employment 

13 eligibility verification system established under 274A(d) of 

14 the Immigration and Nationality Act (8 U.S.C. 1324a(d)), 

15 as amended by section 3 of this Act. The Secretary may 

16 implement the program on a limited pilot program basis 

17 before making it fully available to all individuals. 

18 SEC. 12. IDENTITY AUTHENTICATION EMPLOYMENT ELIGI19 BILITY VERIFICATION PILOT PROGRAM. 

20 Not later than 48 months after the date of the enact21 ment of this Act, the Secretary of Homeland Security, 

22 after consultation with the Commissioner of Social Secu23 rity and the Director of the National Institute of Stand24 ards and Technology, shall establish by regulation an 

25 Identity Authentication Employment Eligibility 


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1 Verification pilot program (the ‘‘Authentication Pilot’’). 

2 The purpose of the Authentication Pilot shall be to provide 

3 for identity authentication and employment eligibility 

4 verification with respect to enrolled new employees which 

5 shall be available to subject employers who elect to partici6 pate in the Authentication Pilot. Any subject employer 

7 may cancel the employer’s participation in the Authentica8 tion Pilot after one year after electing to participate with9 out prejudice to future participation. 

10 SEC. 13. INSPECTOR GENERAL AUDITS. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of the enactment of this Act, the Inspector General 

13 of the Social Security Administration shall complete audits 

14 of the following categories in order to uncover evidence 

15 of individuals who are not authorized to work in the 

16 United States: 

17 (1) Workers who dispute wages reported on 

18 their social security account number when they be19 lieve someone else has used such number and name 

20 to report wages. 

21 (2) Children’s social security account numbers 

22 used for work purposes. 

23 (3) Employers whose workers present signifi24 cant numbers of mismatched social security account 

25 numbers or names for wage reporting. 


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1 (b) SUBMISSION.—The Inspector General of the So2 cial Security Administration shall submit the audits com3 pleted under subsection (a) to the Committee on Ways and 

4 Means of the House of Representative and the Committee 

5 on Finance of the Senate for review of the evidence of 

6 individuals who are not authorized to work in the United 

7 States. The Chairmen of those Committees shall then de8 termine information to be shared with the Secretary of 

9 Homeland Security so that such Secretary can investigate 

10 the unauthorized employment demonstrated by such evi11 dence. 

Æ 


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