I 

112TH CONGRESS 

1ST SESSION H. R. 483 

To create an electronic employment eligibility verification system to ensure 

that all workers in the United States are legally able to work, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2011 

Mr. DEFAZIO (for himself, Mr. KISSELL, and Mr. MCINTYRE) 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 create an electronic employment eligibility verification 

system to ensure that all workers in the United States 

are legally able to work, 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 ‘‘Electronic Employ5 ment Eligibility Verification and Illegal Immigration Con6 trol Act’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 483 IH

1 SEC. 2. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM. 

2 (a) IN GENERAL.—Section 274A(b) of the Immigra3 tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 

4 by adding at the end the following: 

5 ‘‘(7) EMPLOYMENT ELIGIBILITY VERIFICATION

6 SYSTEM.— 

7 ‘‘(A) IN GENERAL.—The Secretary of 

8 Homeland Security shall establish and admin9 ister a verification system through which the 

10 Secretary (or a designee of the Secretary)— 

11 ‘‘(i) responds to inquiries made by 

12 persons at any time through a toll-free 

13 telephone line and other toll-free electronic 

14 media concerning an individual’s identity 

15 and whether the individual is authorized to 

16 be employed; and 

17 ‘‘(ii) maintains records of the inquir18 ies that were made, of verifications pro19 vided (or not provided), and of the codes 

20 provided to inquirers as evidence of their 

21 compliance with their obligations under 

22 this section. 

23 ‘‘(B) DESIGN AND OPERATION OF SYS24 TEM.—The verification system shall be designed 

25 and operated— 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 483 IH

1 ‘‘(i) to maximize its reliability and 

2 ease of use by persons and other entities 

3 consistent with insulating and protecting 

4 the privacy and security of the underlying 

5 information; 

6 ‘‘(ii) to respond to all inquiries made 

7 by such persons and entities on whether 

8 individuals are authorized to be employed 

9 and to register all times when such inquir10 ies are not received; 

11 ‘‘(iii) with appropriate administrative, 

12 technical, and physical safeguards to pre13 vent unauthorized disclosure of personal 

14 information; and 

15 ‘‘(iv) to have reasonable safeguards 

16 against the system’s resulting in unlawful 

17 discriminatory practices based on national 

18 origin or citizenship status, including— 

19 ‘‘(I) the selective or unauthorized 

20 use of the system to verify eligibility; 

21 ‘‘(II) the use of the system prior 

22 to an offer of employment; or 

23 ‘‘(III) the exclusion of certain in24 dividuals from consideration for em25 ployment as a result of a perceived 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 483 IH

1 likelihood that additional verification 

2 will be required, beyond what is re3 quired for most job applicants. 

4 ‘‘(C) RESPONSIBILITIES OF THE COMMIS5 SIONER OF SOCIAL SECURITY.—As part of the 

6 verification system, the Commissioner of Social 

7 Security, in consultation with the Secretary of 

8 Homeland Security (and any designee of the 

9 Secretary selected to establish and administer 

10 the verification system), shall establish a reli11 able, secure method, which, within the time pe12 riods specified under subparagraphs (B) and 

13 (C) of paragraph (3), compares the name and 

14 Social Security account number provided in an 

15 inquiry against such information maintained by 

16 the Commissioner in order to validate (or not 

17 validate) the information provided regarding an 

18 individual whose identity and employment eligi19 bility must be confirmed, the correspondence of 

20 the name and number, and whether the indi21 vidual has presented a Social Security account 

22 number that is not valid for employment. The 

23 Commissioner shall not disclose or release So24 cial Security information (other than such 

25 verification or nonverification) except as proVerDate Mar 15 2010 00:47 Feb 05, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H483.IH H483

tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 483 IH

1 vided for in this section or section 205(c)(2)(I) 

2 of the Social Security Act. 

3 ‘‘(D) RESPONSIBILITIES OF THE SEC4 RETARY OF HOMELAND SECURITY.— 

5 ‘‘(i) As part of the verification system, 

6 the Secretary of Homeland Security (in 

7 consultation with any designee of the Sec8 retary selected to establish and administer 

9 the verification system), shall establish a 

10 reliable, secure method, which, within the 

11 time periods specified under subparagraphs 

12 (B) and (C) of paragraph (3), compares 

13 the name and alien identification or au14 thorization number which are provided in 

15 an inquiry against such information main16 tained by the Secretary in order to validate 

17 (or not validate) the information provided, 

18 the correspondence of the name and num19 ber, and whether the alien is authorized to 

20 be employed in the United States. 

21 ‘‘(ii) When a single employer has sub22 mitted to the verification system pursuant 

23 to subparagraphs (B) and (C) of para24 graph (3) the identical Social Security ac25 count number in more than one instance, 


tjames on DSKG8SOYB1PROD with BILLS
6 

•HR 483 IH

1 or when multiple employers have submitted 

2 to the verification system pursuant to such 

3 paragraph the identical Social Security ac4 count number, in a manner which indicates 

5 the possible fraudulent use of that number, 

6 the Secretary of Homeland Security shall 

7 conduct an investigation, within the time 

8 periods specified in such subparagraphs, in 

9 order to ensure that no fraudulent use of 

10 a Social Security account number has 

11 taken place. If the Secretary has selected 

12 a designee to establish and administer the 

13 verification system, the designee shall no14 tify the Secretary when a single employer 

15 has submitted to the verification system 

16 pursuant to such subparagraphs the iden17 tical Social Security account number in 

18 more than one instance, or when multiple 

19 employers have submitted to the 

20 verification system pursuant to such para21 graph the identical Social Security account 

22 number, in a manner which indicates the 

23 possible fraudulent use of that number. 

24 The designee shall also provide the Sec25 retary with all pertinent information, inVerDate Mar 15 2010 00:47 Feb 05, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H483.IH H483

tjames on DSKG8SOYB1PROD with BILLS
7 

•HR 483 IH

1 cluding the name and address of the em2 ployer or employers who submitted the rel3 evant Social Security account number, the 

4 relevant Social Security account number 

5 submitted by the employer or employers, 

6 and the relevant name and date of birth of 

7 the employee submitted by the employer or 

8 employers. 

9 ‘‘(iii) The Secretary in consultation 

10 with the Commissioner of Social Security, 

11 shall establish procedures to permit an in12 dividual who contests a tentative or final 

13 nonverification notice, or seeks to verify 

14 the individual’s own employment, to con15 tact the appropriate agency and, in a time16 ly manner, correct or update the informa17 tion used by the system. 

18 ‘‘(iv) The Secretary shall prescribe a 

19 system to register employer participation 

20 prior to the date the employer is required 

21 or permitted to submit information with 

22 respect to an employee. 

23 ‘‘(E) UPDATING INFORMATION.—The 

24 Commissioner of Social Security and the Sec25 retary of Homeland Security shall update their 


tjames on DSKG8SOYB1PROD with BILLS
8 

•HR 483 IH

1 information in a manner that promotes the 

2 maximum accuracy and shall provide a process 

3 for the prompt correction of erroneous informa4 tion, including instances in which it is brought 

5 to their attention in the secondary verification 

6 process described in paragraph (3)(C). 

7 ‘‘(F) FEDERAL TORT CLAIMS ACT.—If an 

8 individual alleges that the individual would not 

9 have been dismissed from a job but for an error 

10 of the verification mechanism, the individual 

11 may seek compensation only through the mech12 anism of the Federal Tort Claims Act, and in13 junctive relief to correct such error. No class 

14 action may be brought under this subpara15 graph. 

16 ‘‘(G) PROTECTION FROM LIABILITY FOR

17 ACTIONS TAKEN ON THE BASIS OF INFORMA18 TION.—No person or entity shall be civilly or 

19 criminally liable for any action taken in good 

20 faith reliance on information provided through 

21 the employment eligibility verification mecha22 nism established under this paragraph.’’. 

23 (b) REPEAL OF PROVISION RELATING TO EVALUA24 TIONS AND CHANGES IN EMPLOYMENT VERIFICATION.— 


tjames on DSKG8SOYB1PROD with BILLS
9 

•HR 483 IH

1 Section 274A(d) of such Act (8 U.S.C. 1324a(d)) is re2 pealed. 

3 SEC. 3. EMPLOYMENT ELIGIBILITY VERIFICATION PROC4 ESS. 

5 Section 274A of the Immigration and Nationality Act 

6 (8 U.S.C. 1324a) is amended— 

7 (1) in subsection (a)(3), by inserting ‘‘(A)’’ 

8 after ‘‘DEFENSE.—’’, and by adding at the end the 

9 following: 

10 ‘‘(B) FAILURE TO SEEK AND OBTAIN

11 VERIFICATION.—In the case of a person or enti12 ty in the United States that hires, or continues 

13 to employ, an individual, or recruits or refers 

14 an individual for employment, the following re15 quirements apply: 

16 ‘‘(i) FAILURE TO SEEK

17 VERIFICATION.— 

18 ‘‘(I) IN GENERAL.—If the person 

19 or entity has not made an inquiry, 

20 under the mechanism established 

21 under subsection (b)(7), seeking 

22 verification of the identity and work 

23 eligibility of the individual, by not 

24 later than the end of 3 working days 

25 (as specified by the Secretary of 


tjames on DSKG8SOYB1PROD with BILLS
10 

•HR 483 IH

1 Homeland Security) after the date of 

2 the hiring, the date specified in sub3 section (b)(8)(B) for previously hired 

4 individuals, or before the recruiting or 

5 referring commences, the defense 

6 under subparagraph (A) shall not be 

7 considered to apply with respect to 

8 any employment, except as provided in 

9 subclause (II). 

10 ‘‘(II) SPECIAL RULE FOR FAIL11 URE OF VERIFICATION MECHANISM.— 

12 If such a person or entity in good 

13 faith attempts to make an inquiry in 

14 order to qualify for the defense under 

15 subparagraph (A) and the verification 

16 mechanism has registered that not all 

17 inquiries were responded to during the 

18 relevant time, the person or entity can 

19 make an inquiry until the end of the 

20 first subsequent working day in which 

21 the verification mechanism registers 

22 no nonresponses and qualify for such 

23 defense. 

24 ‘‘(ii) FAILURE TO OBTAIN

25 VERIFICATION.—If the person or entity 


tjames on DSKG8SOYB1PROD with BILLS
11 

•HR 483 IH

1 has made the inquiry described in clause 

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

3 verification of such identity and work eligi4 bility under such mechanism within the 

5 time period specified under subsection 

6 (b)(7)(B) after the time the verification in7 quiry was received, the defense under sub8 paragraph (A) shall not be considered to 

9 apply with respect to any employment after 

10 the end of such time period.’’; 

11 (2) by amending subparagraph (A) of sub12 section (b)(1) to read as follows: 

13 ‘‘(A) IN GENERAL.—The person or entity 

14 must attest, under penalty of perjury and on a 

15 form designated or established by the Secretary 

16 by regulation, that it has verified that the indi17 vidual is not an unauthorized alien by— 

18 ‘‘(i) obtaining from the individual the 

19 individual’s Social Security account num20 ber and recording the number on the form 

21 (if the individual claims to have been 

22 issued such a number), and, if the indi23 vidual does not attest to United States citi24 zenship under paragraph (2), obtaining 

25 such identification or authorization number 


tjames on DSKG8SOYB1PROD with BILLS
12 

•HR 483 IH

1 established by the Department of Home2 land Security for the alien as the Secretary 

3 of Homeland Security may specify, and re4 cording such number on the form; and 

5 ‘‘(ii)(I) examining a document de6 scribed in subparagraph (B); or 

7 ‘‘(II) examining a document described 

8 in subparagraph (C) and a document de9 scribed in subparagraph (D). 

10 A person or entity has complied with the 

11 requirement of this paragraph with respect 

12 to examination of a document if the docu13 ment reasonably appears on its face to be 

14 genuine, reasonably appears to pertain to 

15 the individual whose identity and work eli16 gibility is being verified, and, if the docu17 ment bears an expiration date, that expira18 tion date has not elapsed. If an individual 

19 provides a document (or combination of 

20 documents) that reasonably appears on its 

21 face to be genuine, reasonably appears to 

22 pertain to the individual whose identity 

23 and work eligibility is being verified, and is 

24 sufficient to meet the first sentence of this 

25 paragraph, nothing in this paragraph shall 


tjames on DSKG8SOYB1PROD with BILLS
13 

•HR 483 IH

1 be construed as requiring the person or en2 tity to solicit the production of any other 

3 document or as requiring the individual to 

4 produce another document.’’; 

5 (3) in subsection (b)(1)(D)— 

6 (A) in clause (i), by striking ‘‘or such other 

7 personal identification information relating to 

8 the individual as the Attorney General finds, by 

9 regulation, sufficient for purposes of this sec10 tion’’; and 

11 (B) in clause (ii), by inserting before the 

12 period ‘‘and that contains a photograph of the 

13 individual’’; 

14 (4) in subsection (b)(2), by adding at the end 

15 the following: ‘‘The individual must also provide that 

16 individual’s Social Security account number (if the 

17 individual claims to have been issued such a num18 ber), and, if the individual does not attest to United 

19 States citizenship under this paragraph, such identi20 fication or authorization number established by the 

21 Department of Homeland Security for the alien as 

22 the Secretary may specify.’’; and 

23 (5) by amending paragraph (3) of subsection 

24 (b) to read as follows: 


tjames on DSKG8SOYB1PROD with BILLS
14 

•HR 483 IH

1 ‘‘(3) RETENTION OF VERIFICATION FORM AND

2 VERIFICATION.— 

3 ‘‘(A) IN GENERAL.—After completion of 

4 such form in accordance with paragraphs (1) 

5 and (2), the person or entity must— 

6 ‘‘(i) retain a paper, microfiche, micro7 film, or electronic version of the form and 

8 make it available for inspection by officers 

9 of the Department of Homeland Security, 

10 the Special Counsel for Immigration-Re11 lated Unfair Employment Practices, or the 

12 Department of Labor during a period be13 ginning on the date of the hiring, recruit14 ing, or referral of the individual or the 

15 date of the completion of verification of a 

16 previously hired individual and ending— 

17 ‘‘(I) in the case of the recruiting 

18 or referral of an individual, 3 years 

19 after the date of the recruiting or re20 ferral; 

21 ‘‘(II) in the case of the hiring of 

22 an individual, the later of— 

23 ‘‘(aa) 3 years after the date 

24 of such hiring; or 


tjames on DSKG8SOYB1PROD with BILLS
15 

•HR 483 IH

1 ‘‘(bb) 1 year after the date 

2 the individual’s employment is 

3 terminated; and 

4 ‘‘(III) in the case of the 

5 verification of a previously hired indi6 vidual, the later of— 

7 ‘‘(aa) 3 years after the date 

8 of the completion of verification; 

9 or 

10 ‘‘(bb) 1 year after the date 

11 the individual’s employment is 

12 terminated; 

13 ‘‘(ii) make an inquiry, as provided in 

14 paragraph (7), using the verification sys15 tem to seek verification of the identity and 

16 employment eligibility of an individual, by 

17 not later than the end of 3 working days 

18 (as specified by the Secretary of Homeland 

19 Security) after the date of the hiring or in 

20 the case of previously hired individuals, the 

21 date specified in paragraph (8)(B), or be22 fore the recruiting or referring commences; 

23 and 

24 ‘‘(iii) not commence recruitment or re25 ferral of the individual until the person or 


tjames on DSKG8SOYB1PROD with BILLS
16 

•HR 483 IH

1 entity receives verification under clause (i) 

2 or (ii) of subparagraph (D). 

3 ‘‘(B) INITIAL RESPONSE.—The verification 

4 system shall provide verification or a tentative 

5 nonverification of an individual’s identity and 

6 employment eligibility within 3 working days of 

7 the initial inquiry. If providing verification or 

8 tentative nonverification, the verification system 

9 shall provide an appropriate code indicating 

10 such verification or such nonverification. 

11 ‘‘(C) SECONDARY VERIFICATION PROCESS

12 IN CASE OF TENTATIVE NONVERIFICATION.—In 

13 cases of tentative nonverification, the Secretary 

14 shall specify, in consultation with the Commis15 sioner of Social Security, an available secondary 

16 verification process to confirm the validity of in17 formation provided and to provide a final 

18 verification or nonverification within 10 working 

19 days after the date of the tentative 

20 nonverification. When final verification or 

21 nonverification is provided, the verification sys22 tem shall provide an appropriate code indicating 

23 such verification or nonverification. 

24 ‘‘(D) VERIFICATION OR

25 NONVERIFICATION.— 


tjames on DSKG8SOYB1PROD with BILLS
17 

•HR 483 IH

1 ‘‘(i) VERIFICATION UPON INITIAL IN2 QUIRY.—If an employer receives a 

3 verification notice under subparagraph (B) 

4 for an individual, the employer shall 

5 record, as described in subparagraph 

6 (A)(i), the appropriate code provided in 

7 such notice. 

8 ‘‘(ii) TENTATIVE

9 NONVERIFICATION.—If an employer re10 ceives a tentative nonverification notice 

11 under subparagraph (B) for an individual, 

12 the employer shall inform such individual 

13 of the issuance of such notice in writing, 

14 on a form prescribed by the Secretary not 

15 later than 3 days after receiving such no16 tice. Such individual shall acknowledge re17 ceipt of such notice in writing as described 

18 in paragraph (1)(A). If the individual re19 fuses to acknowledge receipt of notice, the 

20 individual’s employment must be termi21 nated immediately. 

22 ‘‘(iii) NO CONTEST.—If the individual 

23 does not contest the tentative 

24 nonverification notice within 10 days of re25 ceiving notice from the individual’s emVerDate Mar 15 2010 00:47 Feb 05, 2011 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H483.IH H483

tjames on DSKG8SOYB1PROD with BILLS
18 

•HR 483 IH

1 ployer, the notice shall become final and 

2 the employer shall record, as described in 

3 subparagraph (A)(i), the appropriate code 

4 provided through the system to indicate 

5 the individual did not contest the tentative 

6 nonverification. An individual’s failure to 

7 contest a tentative nonverification shall not 

8 be considered an admission of guilt with 

9 respect to any violation of this Act or any 

10 other provision of law. 

11 ‘‘(iv) CONTEST.—If the individual 

12 contests the tentative nonverification no13 tice, the individual shall submit appro14 priate information to contest such notice 

15 under the procedures established in sub16 paragraph (E) not later than 10 days after 

17 receiving the notice from the individual’s 

18 employer. 

19 ‘‘(v) EFFECTIVE PERIOD OF TEN20 TATIVE NONVERIFICATION NOTICE.—A 

21 tentative nonverification notice shall re22 main in effect until such notice becomes 

23 final under clause (iii), or the earlier of— 


tjames on DSKG8SOYB1PROD with BILLS
19 

•HR 483 IH

1 ‘‘(I) a final verification notice or 

2 final nonverification notice is issued 

3 through the system; or 

4 ‘‘(II) 10 working days after the 

5 individual contests a tentative 

6 nonverification under clause (iv). 

7 ‘‘(vi) ADDITIONAL AUTHORITY.—The 

8 Secretary shall have the authority to issue 

9 a final verification notice for an individual. 

10 In such a case, the Secretary shall deter11 mine the individual’s eligibility for employ12 ment in the United States and record the 

13 results of such determination in the system 

14 within 12 months. 

15 ‘‘(vii) EFFECTIVE PERIOD OF FINAL

16 NOTICE.—A final verification notice issued 

17 under this paragraph for an individual 

18 shall remain in effect— 

19 ‘‘(I) during any continuous pe20 riod of employment of such individual 

21 by such employer, unless the Sec22 retary determines the final verification 

23 was the result of identity fraud; or 

24 ‘‘(II) in the case of an alien au25 thorized to be employed in the United 


tjames on DSKG8SOYB1PROD with BILLS
20 

•HR 483 IH

1 States for a temporary period, during 

2 such period. 

3 ‘‘(viii) PROHIBITION ON TERMI4 NATION.—An employer may not terminate 

5 the employment of an individual based on 

6 a tentative nonverification notice until such 

7 notice becomes final under clause (iii), an 

8 individual refuses to acknowledge receipt of 

9 tentative nonverification under clause (ii), 

10 or a final nonverification notice is issued 

11 for the individual by the System. Nothing 

12 in this clause shall prohibit the termination 

13 of employment for any other reason other 

14 than such tentative nonverification. 

15 ‘‘(ix) RECORDING OF CONTEST RESO16 LUTION.—The employer shall record the 

17 appropriate code that is provided through 

18 the system to indicate a final verification 

19 notice or final nonverification notice as de20 scribed in paragraph (1)(A). 

21 ‘‘(x) CONSEQUENCES OF

22 NONVERIFICATION.—If the employer has 

23 received a final nonverification regarding 

24 an individual, the employer shall terminate 

25 the employment, recruitment, or referral of 


tjames on DSKG8SOYB1PROD with BILLS
21 

•HR 483 IH

1 the individual. Such employer shall provide 

2 to the Secretary any information relating 

3 to the individual that the Secretary deter4 mines would assist the Secretary in enforc5 ing or administering the immigration laws. 

6 If the employer continues to employ, re7 cruit or refer the individual after receiving 

8 final nonverification, a rebuttable presump9 tion is created that the employer has vio10 lated subsections (a)(1)(A) and (a)(2). 

11 Such presumption may not apply to a 

12 prosecution under subsection (f)(1). 

13 ‘‘(E) ADMINISTRATIVE REVIEW.— 

14 ‘‘(i) IN GENERAL.—An individual who 

15 is terminated from employment as a result 

16 of a final nonverification notice may, not 

17 later than 60 days after the date of such 

18 termination, file an appeal of such notice. 

19 ‘‘(ii) PROCEDURES.—The Secretary 

20 and Commissioner of Social Security shall 

21 develop procedures to review appeals filed 

22 under clause (i) and to make final deter23 minations on such appeals. 

24 ‘‘(iii) REVIEW FOR ERRORS.—If a 

25 final determination on an appeal filed 


tjames on DSKG8SOYB1PROD with BILLS
22 

•HR 483 IH

1 under clause (i) results in verification of 

2 an individual’s eligibility to work in the 

3 United States, the administrative review 

4 process shall require the Secretary to de5 termine if the final nonverification notice 

6 issued for the individual was the result 

7 of— 

8 ‘‘(I) an error or negligence on the 

9 part of an employee or official oper10 ating or responsible for the System; 

11 ‘‘(II) the decision rules, proc12 esses, or procedures utilized by the 

13 system; or 

14 ‘‘(III) erroneous system informa15 tion that was not the result of acts or 

16 omissions of the individual. 

17 ‘‘(iv) COMPENSATION FOR ERROR.— 

18 ‘‘(I) IN GENERAL.—If the Sec19 retary makes a determination under 

20 clause (iii) that the final 

21 nonverification notice issued for an in22 dividual was not caused by an act or 

23 omission of the individual, the Sec24 retary shall compensate the individual 

25 for lost wages. 


tjames on DSKG8SOYB1PROD with BILLS
23 

•HR 483 IH

1 ‘‘(II) CALCULATION OF LOST

2 WAGES.—Lost wages shall be cal3 culated based on the wage rate and 

4 work schedule that prevailed prior to 

5 termination. The individual shall be 

6 compensated for wages lost beginning 

7 on the first scheduled work day after 

8 employment was terminated and end9 ing 180 days after completion of the 

10 administrative review process de11 scribed in this paragraph or the day 

12 after the individual is reinstated or 

13 obtains employment elsewhere, which14 ever occurs first. 

15 ‘‘(v) LIMITATION ON COMPENSA16 TION.—For purposes of determining an in17 dividual’s compensation for the loss of em18 ployment, such compensation shall not in19 clude any period in which the individual 

20 was ineligible for employment in the 

21 United States. 

22 ‘‘(vi) SOURCE OF FUNDS.—Compensa23 tion or reimbursement provided under this 

24 paragraph shall be provided from the Em25 ployment Verification Compensation Fund 


tjames on DSKG8SOYB1PROD with BILLS
24 

•HR 483 IH

1 established under section 8 and shall not 

2 be provided from appropriated funds. 

3 ‘‘(F) JUDICIAL REVIEW.— 

4 ‘‘(i) IN GENERAL.—After the Sec5 retary makes a final determination on an 

6 appeal filed by an individual under the ad7 ministrative review process described in 

8 subparagraph (E), the individual may ob9 tain judicial review of such determination 

10 by a civil action commenced not later than 

11 60 days after the date of such decision, or 

12 such further time as the Secretary may 

13 allow. 

14 ‘‘(ii) JURISDICTION.—A civil action 

15 for such judicial review shall be brought in 

16 the district court of the United States for 

17 the judicial district in which the plaintiff 

18 resides, or has a principal place of busi19 ness, or, if the plaintiff does not reside or 

20 have a principal place of business within 

21 any such judicial district, in the District 

22 Court of the United States for the District 

23 of Columbia. 

24 ‘‘(iii) ANSWER.—As part of the Sec25 retary’s answer to a complaint for such juVerDate Mar 15 2010 00:47 Feb 05, 2011 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H483.IH H483

tjames on DSKG8SOYB1PROD with BILLS
25 

•HR 483 IH

1 dicial review, the Secretary shall file a cer2 tified copy of the administrative record 

3 compiled during the administrative review 

4 under subparagraph (E), including the evi5 dence upon which the findings and decision 

6 complained of are based. The court shall 

7 have power to enter, upon the pleadings 

8 and transcript of the record, a judgment 

9 affirming or reversing the result of that 

10 administrative review, with or without re11 manding the cause for a rehearing. 

12 ‘‘(iv) COMPENSATION FOR ERROR.— 

13 ‘‘(I) IN GENERAL.—In cases in 

14 which such judicial review reverses the 

15 final determination of the Secretary 

16 made under subparagraph (E), the 

17 court shall compensate the individual 

18 for lost wages. 

19 ‘‘(II) CALCULATION OF LOST

20 WAGES.—Lost wages shall be cal21 culated based on the wage rate and 

22 work scheduled that prevailed prior to 

23 termination. The individual shall be 

24 compensated for wages lost beginning 

25 on the first scheduled work day after 


tjames on DSKG8SOYB1PROD with BILLS
26 

•HR 483 IH

1 employment was terminated and end2 ing 180 days after completion of the 

3 judicial review described in this para4 graph or the day after the individual 

5 is reinstated or obtains employment 

6 elsewhere, whichever occurs first. 

7 ‘‘(G) LIMITATION ON USE OF THE

8 VERIFICATION SYSTEM AND ANY RELATED SYS9 TEMS.—Notwithstanding any other provision of 

10 law, nothing in this paragraph shall be con11 strued to permit or allow any department, bu12 reau, or other agency of the United States Gov13 ernment to utilize any information, database, or 

14 other records assembled under this paragraph 

15 for any other purpose other than as provided 

16 for. 

17 ‘‘(H) LIMITATION ON COLLECTION AND

18 USE OF DATA.— 

19 ‘‘(i) LIMITATION ON COLLECTION OF

20 DATA.— 

21 ‘‘(I) IN GENERAL.—The System 

22 shall collect and maintain only the 

23 minimum data necessary to facilitate 

24 the successful operation of the SysVerDate Mar 15 2010 00:47 Feb 05, 2011 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H483.IH H483

tjames on DSKG8SOYB1PROD with BILLS
27 

•HR 483 IH

1 tem, and in no case shall the data be 

2 other than— 

3 ‘‘(aa) information necessary 

4 to register employers under para5 graph (7)(D)(iv); 

6 ‘‘(bb) information necessary 

7 to initiate and respond to inquir8 ies or contests under subpara9 graph (E); 

10 ‘‘(cc) information necessary 

11 to establish and enforce compli12 ance with paragraph (7)(D)(iv) 

13 and subparagraph (E); 

14 ‘‘(dd) information necessary 

15 to detect and prevent employ16 ment related identity fraud; and 

17 ‘‘(ee) such other information 

18 the Secretary determines is nec19 essary, subject to a 180 day no20 tice and comment period in the 

21 Federal Register. 

22 ‘‘(II) PENALTIES.—Any officer, 

23 employee, or contractor who willfully 

24 and knowingly collects and maintains 

25 data in the system other than data 


tjames on DSKG8SOYB1PROD with BILLS
28 

•HR 483 IH

1 described in clause (i) shall be guilty 

2 of a misdemeanor and fined not more 

3 than $1,000 for each violation. 

4 ‘‘(ii) LIMITATION ON USE OF DATA.— 

5 Whoever willfully and knowingly accesses, 

6 discloses, or uses any information obtained 

7 or maintained by the system— 

8 ‘‘(I) for the purpose of commit9 ting identity fraud, or assisting an10 other person in committing identity 

11 fraud, as defined in section 1028 of 

12 title 18, United States Code; 

13 ‘‘(II) for the purpose of unlaw14 fully obtaining employment in the 

15 United States or unlawfully obtaining 

16 employment in the United States for 

17 any other person; or 

18 ‘‘(III) for any purpose other than 

19 as provided for under any provision of 

20 law; 

21 shall be guilty of a felony and upon convic22 tion shall be fined under title 18, United 

23 States Code, or imprisoned for not less 

24 than 5 years, or both. 


tjames on DSKG8SOYB1PROD with BILLS
29 

•HR 483 IH

1 ‘‘(iii) EXCEPTIONS.—Nothing in 

2 clauses (i) or (ii) may be construed to limit 

3 the collection, maintenance, or use of data 

4 by the Commissioner of Internal Revenue 

5 or the Commissioner of Social Security as 

6 provided by law.’’. 

7 SEC. 4. EXPANSION OF EMPLOYMENT ELIGIBILITY 

8 VERIFICATION SYSTEM TO PREVIOUSLY 

9 HIRED INDIVIDUALS AND RECRUITING AND 

10 REFERRING. 

11 (a) APPLICATION TO RECRUITING AND REFER12 RING.—Section 274A of the Immigration and Nationality 

13 Act (8 U.S.C. 1324a) is amended— 

14 (1) in subsection (a)(1)(A), by striking ‘‘for a 

15 fee’’; 

16 (2) in subsection (a)(1), by amending subpara17 graph (B) to read as follows: 

18 ‘‘(B) to hire, continue to employ, or to re19 cruit or refer for employment in the United 

20 States an individual without complying with the 

21 requirements of subsection (b).’’; 

22 (3) in subsection (a)(2), by striking ‘‘after hir23 ing an alien for employment in accordance with 

24 paragraph (1),’’ and inserting ‘‘after complying with 

25 paragraph (1),’’; and 


tjames on DSKG8SOYB1PROD with BILLS
30 

•HR 483 IH

1 (4) in subsection (a)(3), as amended by section 

2 3, is further amended by striking ‘‘hiring,’’ and in3 serting ‘‘hiring, employing,’’ each place it appears. 

4 (b) EMPLOYMENT ELIGIBILITY VERIFICATION FOR

5 PREVIOUSLY HIRED INDIVIDUALS.—Section 274A(b) of 

6 such Act (8 U.S.C. 1324a(b)), as amended by section 2(a), 

7 is further amended by adding at the end the following: 

8 ‘‘(8) USE OF EMPLOYMENT ELIGIBILITY

9 VERIFICATION SYSTEM FOR PREVIOUSLY HIRED IN10 DIVIDUALS.— 

11 ‘‘(A) ON A VOLUNTARY BASIS.—Beginning 

12 on the date that is 2 years after the date of the 

13 enactment of the Electronic Employment Eligi14 bility Verification and Illegal Immigration Con15 trol Act and until the date specified in subpara16 graph (B)(iii), a person or entity may make an 

17 inquiry, as provided in paragraph (7), using the 

18 verification system to seek verification of the 

19 identity and employment eligibility of any indi20 vidual employed by the person or entity, as long 

21 as it is done on a nondiscriminatory basis. 

22 ‘‘(B) ON A MANDATORY BASIS.— 

23 ‘‘(i) A person or entity described in 

24 clause (ii) must make an inquiry as pro25 vided in paragraph (7), using the 


tjames on DSKG8SOYB1PROD with BILLS
31 

•HR 483 IH

1 verification system to seek verification of 

2 the identity and employment eligibility of 

3 all individuals employed by the person or 

4 entity who have not been previously subject 

5 to an inquiry by the person or entity by 

6 the date 3 years after the date of enact7 ment of the Electronic Employment Eligi8 bility Verification and Illegal Immigration 

9 Control Act. 

10 ‘‘(ii) A person or entity is described in 

11 this clause if it is a Federal, State, or local 

12 governmental body (including the Armed 

13 Forces of the United States), or if it em14 ploys individuals working in a location that 

15 is a Federal, State, or local government 

16 building, a military base, a nuclear energy 

17 site, a weapon site, an airport, or that con18 tains critical infrastructure (as defined in 

19 section 1016(e) of the Critical Infrastruc20 ture Protection Act of 2001 (42 U.S.C. 

21 5195c(e))), but only to the extent of such 

22 individuals. 

23 ‘‘(iii) All persons and entities other 

24 than those described in clause (ii) must 

25 make an inquiry, as provided in paragraph 


tjames on DSKG8SOYB1PROD with BILLS
32 

•HR 483 IH

1 (7), using the verification system to seek 

2 verification of the identity and employment 

3 eligibility of all individuals employed by the 

4 person or entity who have not been pre5 viously subject to an inquiry by the person 

6 or entity by the date 6 years after the date 

7 of enactment of the Electronic Employ8 ment Eligibility Verification and Illegal 

9 Immigration Control Act.’’. 

10 SEC. 5. BASIC PILOT PROGRAM. 

11 Section 401(b) of the Illegal Immigration Reform and 

12 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

13 note) is amended by striking ‘‘on September 30, 2012’’ 

14 and inserting ‘‘2 years after the enactment of the Elec15 tronic Employment Eligibility Verification and Illegal Im16 migration Control Act’’. 

17 SEC. 6. HIRING HALLS. 

18 Section 274A(h) of the Immigration and Nationality 

19 Act (8 U.S.C. 1324a(h)) is amended by adding at the end 

20 the following: 

21 ‘‘(4) RECRUITMENT AND REFERRAL.—As used 

22 in this section, the term ‘refer’ means the act of 

23 sending or directing a person or transmitting docu24 mentation or information to another, directly or in25 directly, with the intent of obtaining employment in 


tjames on DSKG8SOYB1PROD with BILLS
33 

•HR 483 IH

1 the United States for such person. Generally, only 

2 persons or entities referring for remuneration 

3 (whether on a retainer or contingency basis) are in4 cluded in the definition. However, labor service agen5 cies, whether public, private, for-profit, or nonprofit, 

6 that refer, dispatch, or otherwise facilitate the hiring 

7 of workers for any period of time by a third party 

8 are included in the definition whether or not they re9 ceive remuneration. As used in this section the term 

10 ‘recruit’ means the act of soliciting a person, directly 

11 or indirectly, and referring the person to another 

12 with the intent of obtaining employment for that 

13 person. Generally, only persons or entities recruiting 

14 for remunerations (whether on a retainer or contin15 gency basis) are included in the definition. However, 

16 labor service agencies, whether public, private, for17 profit, or nonprofit that refer, dispatch, or otherwise 

18 facilitate the hiring of workers for any period of 

19 time by a third party are included in the definition 

20 whether or not they receive remuneration.’’. 

21 SEC. 7. PENALTIES. 

22 Section 274A of the Immigration and Nationality Act 

23 (8 U.S.C. 1324a) is amended— 

24 (1) in subsection (e)(4)— 


tjames on DSKG8SOYB1PROD with BILLS
34 

•HR 483 IH

1 (A) in subparagraph (A), in the matter be2 fore clause (i), by inserting ‘‘, subject to para3 graphs (10) through (12),’’ after ‘‘in an 

4 amount’’; 

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

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

7 $2,000’’ and inserting ‘‘not less than $5,000 

8 and not more than $15,000’’; 

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

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

11 $5,000’’ and inserting ‘‘not less than $10,000 

12 and not more than $15,000’’; 

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

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

15 $10,000’’ and inserting ‘‘not less than $25,000 

16 and not more than $40,000’’; and 

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

18 as follows: 

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

20 take such other remedial action as is appro21 priate.’’; 

22 (2) in subsection (e)(5)— 

23 (A) by inserting ‘‘, subject to paragraphs 

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


tjames on DSKG8SOYB1PROD with BILLS
35 

•HR 483 IH

1 (B) by striking ‘‘$100’’ and inserting 

2 ‘‘$1,000’’; 

3 (C) by striking ‘‘$1,000’’ and inserting 

4 ‘‘$25,000’’; 

5 (D) by striking ‘‘the size of the business of 

6 the employer being charged, the good faith of 

7 the employer’’ and inserting ‘‘the good faith of 

8 the employer being charged’’; and 

9 (E) by adding at the end the following sen10 tence: ‘‘Failure by a person or entity to utilize 

11 the employment eligibility verification system as 

12 required 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 (3) by adding at the end of subsection (e) the 

17 following new paragraphs: 

18 ‘‘(10) MITIGATION OF CIVIL MONEY PENALTIES

19 FOR SMALLER EMPLOYERS.—In the case of imposi20 tion of a civil penalty under paragraph (4)(A) with 

21 respect to a violation of subsection (a)(1)(A) or 

22 (a)(2) for hiring or continuation of employment by 

23 an employer and in the case of imposition of a civil 

24 penalty under paragraph (5) for a violation of sub25 section (a)(1)(B) for hiring by an employer, the dolVerDate Mar 15 2010 00:47 Feb 05, 2011 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H483.IH H483

tjames on DSKG8SOYB1PROD with BILLS
36 

•HR 483 IH

1 lar amounts otherwise specified in the respective 

2 paragraph shall be reduced as follows: 

3 ‘‘(A) In the case of an employer with an 

4 average of fewer than 26 full-time equivalent 

5 employees (as defined by the Secretary of 

6 Homeland Security), the amounts shall be re7 duced by 60 percent. 

8 ‘‘(B) In the case of an employer with an 

9 average of at least 26, but fewer than 101, full10 time equivalent employees (as so defined), the 

11 amounts shall be reduced by 40 percent. 

12 ‘‘(C) In the case of an employer with an 

13 average of at least 101, but fewer than 251, 

14 full-time equivalent employees (as so defined), 

15 the amounts shall be reduced by 20 percent. 

16 The last sentence of paragraph (4) shall apply under 

17 this paragraph in the same manner as it applies 

18 under such paragraph. 

19 ‘‘(11) EXEMPTION FROM PENALTY FOR INITIAL

20 GOOD FAITH VIOLATION.—In the case of imposition 

21 of a civil penalty under paragraph (4)(A) with re22 spect to a violation of subsection (a)(1)(A) or (a)(2) 

23 for hiring or continuation of employment or recruit24 ment or referral by person or entity and in the case 

25 of imposition of a civil penalty under paragraph (5) 


tjames on DSKG8SOYB1PROD with BILLS
37 

•HR 483 IH

1 for a violation of subsection (a)(1)(B) for hiring or 

2 recruitment or referral by a person or entity, the 

3 penalty otherwise imposed shall be waived if the vio4 lator establishes that it was the first such violation 

5 of such provision by the violator and the violator 

6 acted in good faith. 

7 ‘‘(12) SAFE HARBOR FOR CONTRACTORS.—A 

8 person or other entity shall be liable for a penalty 

9 under paragraph (4)(A) with respect to the violation 

10 of subsection (a)(1)(A), (a)(1)(B), or (a)(2) with re11 spect to the hiring or continuation of employment of 

12 an unauthorized alien by a subcontractor of that 

13 person or entity unless the person or entity verifies 

14 through the employment eligibility verification sys15 tem that all subcontractor employees and entities 

16 participating in the subcontracted employment are 

17 eligible for employment prior to beginning employ18 ment for the contracting person or entity. A con19 tracting person or entity shall not be required to 

20 verify a subcontractor if the contracting person or 

21 entity has previously verified the employment eligi22 bility of that subcontractor. A contracting person or 

23 entity shall not be required to verify the employment 

24 eligibility of a subcontractor employee if the person 

25 or entity has previously verified the subcontractor 


tjames on DSKG8SOYB1PROD with BILLS
38 

•HR 483 IH

1 employee as a result of the subcontractor employee’s 

2 previous employment on behalf of the person or enti3 ty as an employee of the subcontractor.’’; 

4 (4) by amending paragraph (1) of subsection (f) 

5 to read as follows: 

6 ‘‘(1) CRIMINAL PENALTY.—Any person or enti7 ty which engages in a pattern or practice of viola8 tions of subsection (a) (1) or (2) shall be fined not 

9 more than $50,000 for each unauthorized alien with 

10 respect to which such a violation occurs, imprisoned 

11 for not less than 1 year, or both, notwithstanding 

12 the provisions of any other Federal law relating to 

13 fine levels.’’; 

14 (5) in subsection (f)(2), by striking ‘‘Attorney 

15 General’’ each place it appears and inserting ‘‘Sec16 retary of Homeland Security’’; 

17 (6) by redesignating subsection (h) as sub18 section (j); 

19 (7) by inserting after subsection (g) the fol20 lowing: 

21 ‘‘(h) PROHIBITION ON AWARD OF GOVERNMENT

22 CONTRACTS, GRANTS AND AGREEMENTS.— 

23 ‘‘(1) EMPLOYERS WITH NO CONTRACTS, 

24 GRANTS, OR AGREEMENTS.— 


tjames on DSKG8SOYB1PROD with BILLS
39 

•HR 483 IH

1 ‘‘(A) IN GENERAL.—If an employer who 

2 does not hold a Federal contract, grant, or co3 operative agreement is determined by the Sec4 retary to be a repeat violator of this section or 

5 is convicted of a crime under this section, the 

6 employer shall be debarred from the receipt of 

7 a Federal contract, grant, or cooperative agree8 ment for a period of 5 years. The Secretary or 

9 the Attorney General shall advise the Adminis10 trator of General Services of such a debarment, 

11 and the Administrator of General Services shall 

12 list the employer on the List of Parties Ex13 cluded from Federal Procurement and Non14 procurement Programs for a period of 5 years. 

15 ‘‘(B) WAIVER.—The Administrator of Gen16 eral Services, in consultation with the Secretary 

17 and the Attorney General, may waive operation 

18 of this subsection or may limit the duration or 

19 scope of the debarment. 

20 ‘‘(2) EMPLOYERS WITH CONTRACTS, GRANTS, 

21 OR AGREEMENTS.—An employer who holds a Fed22 eral contract, grant, or cooperative agreement and is 

23 determined by the Secretary to be a repeat violator 

24 of this section or is convicted of a crime under this 

25 section, shall be debarred from the receipt of new 


tjames on DSKG8SOYB1PROD with BILLS
40 

•HR 483 IH

1 Federal contracts, grants, or cooperative agreements 

2 for a period of 5 years. 

3 ‘‘(i) PENALTY FOR FALSE ATTESTATION BY EM4 PLOYEE.—An individual who falsely represents that the 

5 individual is eligible for employment in the United States 

6 in an attestation required by this shall, for each such viola7 tion, be subject to a fine of not less than $5,000, a term 

8 of imprisonment not to exceed 3 years, or both.’’; and 

9 (8) by inserting after subsection (j) (as so re10 designated) the following: 

11 ‘‘(k) SPECIAL CRIMINAL PENALTIES FOR SUB12 CONTRACTORS AND LABOR BROKERS.—Any person or 

13 subcontracting entity which engages in a pattern or prac14 tice of violations of subsection (a)(1)(A) or (a)(2) shall 

15 be fined not less than $100,000 for each unauthorized 

16 alien with respect to whom such a violation occurs, impris17 oned for not less than 5 years for the entire pattern or 

18 practice, or both, notwithstanding the provisions of any 

19 other law relating to fine levels.’’. 

20 SEC. 8. COMPENSATION FUND. 

21 (a) ESTABLISHMENT.—There is established in the 

22 Treasury a separate account to be known as the ‘‘Employ23 ment Verification Compensation Fund’’ (in this section re24 ferred to as the ‘‘Fund’’). 


tjames on DSKG8SOYB1PROD with BILLS
41 

•HR 483 IH

1 (b) TRANSFERS TO THE FUND.—There shall be de2 posited in the Fund all fines and penalties collected under 

3 section 274A of the Immigration and Nationality Act (8 

4 U.S.C. 1324a). 

5 (c) EXPENDITURES.—Subject to appropriations Acts, 

6 amounts in the Fund shall be available for compensation 

7 pursuant to subparagraphs (E) and (F) of section 

8 274A(b)(3) of the Immigration and Nationality Act (8 

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

10 SEC. 9. CONTRACTOR DATABASE AND AUDITS. 

11 (a) DATABASE.—The Secretary of Homeland Secu12 rity shall create and maintain a publicly available and ac13 cessible online database of contracting and subcontracting 

14 individuals or entities which discloses the number of em15 ployment eligibility violations and employment eligibility 

16 verification rejections each contracting or subcontracting 

17 individual or entity has received. The database shall also 

18 disclose the total number of verification attempts each 

19 contracting or subcontracting individual or entity has 

20 made. 

21 (b) AUDIT.—The Secretary of Homeland Security 

22 shall audit and investigate any contracting or subcon23 tracting individual or entity which has a 10% or greater 

24 employment verification rejection rate. 


tjames on DSKG8SOYB1PROD with BILLS
42 

•HR 483 IH

1 SEC. 10. REPORT ON SOCIAL SECURITY CARD-BASED EM2 PLOYMENT ELIGIBILITY VERIFICATION. 

3 (a) REPORT.— 

4 (1) IN GENERAL.—Not later than 9 months 

5 after the date of the enactment of this Act, the 

6 Commissioner of Social Security, in consultation 

7 with the Secretary of Treasury, the Secretary of 

8 Homeland Security, and the Attorney General, shall 

9 submit a report to Congress that includes an evalua10 tion of the following requirements and changes: 

11 (A) A requirement that Social Security 

12 cards that are made of a durable plastic or 

13 similar material and that include an encrypted, 

14 machine-readable electronic identification strip 

15 and a digital photograph of the individual to 

16 whom the card is issued, be issued to each indi17 vidual (whether or not a United States citizen) 

18 who— 

19 (i) is authorized to be employed in the 

20 United States; 

21 (ii) is seeking employment in the 

22 United States; and 

23 (iii) files an application for such card, 

24 whether as a replacement of an existing 

25 Social Security card or as a card issued in 


tjames on DSKG8SOYB1PROD with BILLS
43 

•HR 483 IH

1 connection with the issuance of a new So2 cial Security account number. 

3 (B) The creation of a unified database to 

4 be maintained by the Department of Homeland 

5 Security and comprised of data from the Social 

6 Security Administration and the Department of 

7 Homeland Security specifying the work author8 ization of individuals (including both United 

9 States citizens and noncitizens) for the purpose 

10 of conducting employment eligibility 

11 verification. 

12 (C) A requirement that all employers verify 

13 the employment eligibility of all new hires using 

14 the Social Security cards described in subpara15 graph (A) and a phone, electronic card-reading, 

16 or other mechanism to seek verification of em17 ployment eligibility through the use of the uni18 fied database described in subparagraph (B). 

19 (2) ITEMS INCLUDED IN REPORT.—The report 

20 under paragraph (1) shall include an evaluation of 

21 each of the following: 

22 (A) Projected cost, including the cost to 

23 the Federal Government, State and local gov24 ernments, and the private sector. 

25 (B) Administrability. 


tjames on DSKG8SOYB1PROD with BILLS
44 

•HR 483 IH

1 (C) Potential effects on— 

2 (i) employers; 

3 (ii) employees, including employees 

4 who are United States citizens as well as 

5 those that are not citizens; 

6 (iii) tax revenue; and 

7 (iv) privacy. 

8 (D) The extent to which employer and em9 ployee compliance with immigration laws would 

10 be expected to improve. 

11 (E) Any other relevant information. 

12 (3) ALTERNATIVES.—The report under para13 graph (1) also shall examine any alternatives to 

14 achieve the same goals as the requirements and 

15 changes described in paragraph (1) but that involve 

16 lesser cost, lesser burden on those affected, or great17 er ease of administration. 

18 (b) INSPECTOR GENERAL REVIEW.—Not later than 

19 3 months after the report is submitted under subsection 

20 (a), the Inspector General of the Social Security Adminis21 tration, in consultation with the Inspectors General of the 

22 Department of Treasury, the Department of Homeland 

23 Security, and the Department of Justice, shall send to the 

24 Congress an evaluation of such report. 


tjames on DSKG8SOYB1PROD with BILLS
45 

•HR 483 IH

1 (c) CONGRESSIONAL CONSIDERATION.—Upon receipt 

2 of the Inspector General’s evaluation of the Commissioner 

3 of Social Security’s report, Congress shall consider legisla4 tion enacting a plan that best meets both the objectives 

5 outlined in this section as well as ease and feasibility of 

6 implementation based on the reports presented by the 

7 Commissioner of Social Security and the Inspector Gen8 eral. 

9 SEC. 11. EFFECTIVE DATE. 

10 This Act and the amendments made by this Act shall 

11 take effect on the date of enactment of this Act, except 

12 that the requirements of persons and entities to comply 

13 with the employment eligibility verification process shall 

14 take effect on the date that is 2 years after such date. 

15 SEC. 12. LIMITATION ON VERIFICATION RESPONSIBILITIES 

16 OF COMMISSIONER OF SOCIAL SECURITY. 

17 The Commissioner of Social Security is authorized to 

18 perform activities with respect to carrying out the Com19 missioner’s responsibilities in this Act or the amendments 

20 made by this Act, but only to the extent (except for the 

21 purpose of carrying out section 8) the Secretary of Home22 land Security has provided, in advance, funds to cover the 

23 Commissioner’s full costs in carrying out such responsibil24 ities. In no case shall funds from the Federal Old-Age and 

25 Survivors Insurance Trust Fund or the Federal Disability 


tjames on DSKG8SOYB1PROD with BILLS
46 

•HR 483 IH

1 Insurance Trust Fund be used to carry out such respon2 sibilities. 

3 SEC. 13. REPORT ON IMPACT ON CONTRACTING AND SUB4 CONTRACTING INDIVIDUALS AND ENTITIES. 

5 Not later than 12 months after the date of the enact6 ment of this Act, the Secretary of Homeland Security shall 

7 submit a report to Congress that determines whether the 

8 described employment eligibility verification system per9 mits contracting individuals and entities to determine the 

10 eligibility of subcontracting individuals or entities without 

11 unduly burdening contractors and without freeing subcon12 tracting individuals or entities to break employment laws. 

13 SEC. 14. REPORT ON EMPLOYMENT ELIGIBILITY 

14 VERIFICATION SYSTEM. 

15 Not later than 1 year after the implementation of the 

16 employment eligibility verification system established 

17 under this Act, and 1 year thereafter, the Secretary of 

18 Homeland Security shall submit to Congress a report on 

19 the progress and problems associated with implementation 

20 of the system, including information relating to the most 

21 efficient use of the system by small businesses. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS