I 

111TH CONGRESS 

2D SESSION H. R. 5265 

To continue to prohibit the hiring, recruitment, or referral of unauthorized 

aliens, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2010 

Mr. BOSWELL 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 Labor, 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 continue to prohibit the hiring, recruitment, or referral 

of unauthorized aliens, 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 ‘‘Combat Illegal Immi5 gration Through Employment Verification Act’’. 

6 SEC. 2. PURPOSES. 

7 (a) To continue to prohibit the hiring, recruitment, 

8 or referral of unauthorized aliens. 


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1 (b) To require that each employer take reasonable 

2 steps to verify the identity and work authorization status 

3 of all its employees, without regard to national origin and 

4 citizenship status. 

5 (c) To authorize the Secretary of Homeland Security 

6 to access records of other Federal agencies for the pur7 poses of confirming identity, authenticating lawful pres8 ence and preventing identity theft and fraud related to un9 lawful employment. 

10 (d) To ensure that the Commissioner of Social Secu11 rity has the necessary authority to provide information to 

12 the Secretary of Homeland Security that would assist in 

13 the enforcement of the immigration laws. 

14 (e) To collect information on employee hires. 

15 (f) To electronically secure a Social Security number 

16 in the Employment Eligibility Verification System 

17 (EEVS) at the request of an individual who has been con18 firmed to be the holder of that number, and to prevent 

19 fraudulent use of the number by others. 

20 (g) To provide for record retention of EEVS inquir21 ies, to prevent identity fraud and employment authoriza22 tion fraud. 

23 (h) To employ fast track regulatory and procurement 

24 procedures to expedite implementation of this title and 


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1 pertinent sections of the Immigration and Nationality Act 

2 for a period of two years from enactment. 

3 (i) To establish the following: 

4 (1) A document verification process requiring 

5 employers to inspect, copy, and retain identity and 

6 work authorization documents. 

7 (2) An EEVS requiring employers to obtain 

8 confirmation of an individual’s identity and work au9 thorization. 

10 (3) Procedures for employers to register for the 

11 EEVS and to confirm work eligibility through the 

12 EEVS. 

13 (4) A streamlined enforcement procedure to en14 sure efficient adjudication of violations of this title. 

15 (5) A system for the imposition of civil pen16 alties and their enforcement, remission or mitiga17 tion. 

18 (6) An enhancement of criminal and civil pen19 alties. 

20 (7) Increased coordination of information and 

21 enforcement between the Internal Revenue Service 

22 and the Department of Homeland Security regard23 ing employers who have violations related to the em24 ployment of unauthorized aliens. 


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1 (8) Increased penalties under the Internal Rev2 enue Code for employers who have violations relating 

3 to the employment of unauthorized aliens. 

4 SEC. 3. UNLAWFUL EMPLOYMENT OF ALIENS. 

5 (a) Section 274A of the Immigration and Nationality 

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

7 ‘‘(a) MAKING EMPLOYMENT OF UNAUTHORIZED

8 ALIENS UNLAWFUL.— 

9 ‘‘(1) IN GENERAL.—It is unlawful for an em10 ployer— 

11 ‘‘(A) to hire an alien for employment in 

12 the United States knowing or with reckless dis13 regard that the alien is an unauthorized alien 

14 (as defined in subsection (b)(1)) with respect to 

15 such employment; or 

16 ‘‘(B) to hire for employment in the United 

17 States an individual without complying with the 

18 requirements of subsections (c) and (d). 

19 ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw20 ful for an employer, after hiring an alien for employ21 ment, to continue to employ the alien in the United 

22 States knowing or with reckless disregard that the 

23 alien is (or has become) an unauthorized alien with 

24 respect to such employment. 


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1 ‘‘(3) USE OF LABOR THROUGH CONTRACT.— 

2 For purposes of this section, an employer who uses 

3 a contract, subcontract, or exchange to obtain the 

4 labor of an alien in the United States knowing that 

5 the alien is an unauthorized alien (as defined in sub6 section (b)(1)) with respect to performing such 

7 labor, shall be considered to have hired the alien for 

8 employment in the United States in violation of 

9 paragraph (1)(A). 

10 ‘‘(A) By regulation, the Secretary may re11 quire, for purposes of ensuring compliance with 

12 the immigration laws, that an employer include 

13 in a written contract, subcontract, or exchange 

14 an effective and enforceable requirement that 

15 the contractor or subcontractor adhere to the 

16 immigration laws of the United States, includ17 ing use of EEVS. 

18 ‘‘(B) The Secretary may establish proce19 dures by which an employer may obtain con20 firmation from the Secretary that the con21 tractor or subcontractor has registered with the 

22 EEVS and is utilizing the EEVS to verify its 

23 employees. 

24 ‘‘(C) The Secretary may establish such 

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1 tors or subcontractors as the Secretary deems 

2 necessary to prevent knowing violations of this 

3 paragraph. 

4 ‘‘(4) APPLICATION TO FEDERAL GOVERN5 MENT.—For purposes of this section, the term ‘em6 ployer’ includes entities in any branch of the Federal 

7 Government. 

8 ‘‘(5) DEFENSE.—An employer that establishes 

9 that it has complied in good faith with the require10 ments of subsections (c)(1) through (c)(4), per11 taining to document verification requirements, and 

12 subsection (d) has established an affirmative defense 

13 that the employer has not violated paragraph (1)(A) 

14 with respect to such hiring, recruiting, or referral, 

15 however— 

16 ‘‘(A) until such time as the Secretary has 

17 required an employer to participate in the 

18 EEVS or such participation is permitted on a 

19 voluntary basis pursuant to subsection (d), a 

20 defense is established without a showing of 

21 compliance with subsection (d); and 

22 ‘‘(B) to establish a defense, the employer 

23 must also be in compliance with any additional 

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1 gate by regulation pursuant to subsections (c), 

2 (d), and (k). 

3 ‘‘(6) FAILURE TO COMPLY.—An employer is 

4 presumed to have acted with knowledge or reckless 

5 disregard if the employer fails to comply with writ6 ten standards, procedures or instructions issued by 

7 the Secretary. Such standards, procedures or in8 structions shall be objective and verifiable. 

9 ‘‘(b) DEFINITIONS.— 

10 ‘‘(1) DEFINITION OF UNAUTHORIZED ALIEN.— 

11 As used in this section, the term ‘unauthorized alien’ 

12 means, with respect to the employment of an alien 

13 at a particular time, that the alien is not at that 

14 time either— 

15 ‘‘(A) an alien lawfully admitted for perma16 nent residence; or 

17 ‘‘(B) authorized to be so employed by the 

18 Secretary. 

19 ‘‘(2) DEFINITION OF EMPLOYER.—For pur20 poses of this section, the term ‘employer’ means any 

21 person or entity hiring, recruiting, or referring an 

22 individual for employment in the United States. 

23 ‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.— 

24 Any employer hiring, recruiting, or referring an individual 

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1 able steps to verify that the individual is authorized to 

2 work in the United States, including the requirements of 

3 subsection (d) and the following paragraphs: 

4 ‘‘(1) ATTESTATION AFTER EXAMINATION OF

5 DOCUMENTATION.— 

6 ‘‘(A) IN GENERAL.—The employer must 

7 attest, under penalty of perjury and on a form 

8 prescribed by the Secretary, that it has verified 

9 the identity and work authorization status of 

10 the individual by examining— 

11 ‘‘(i) a document described in subpara12 graph (B); or 

13 ‘‘(ii) a document described in sub14 paragraph (C) and a document described 

15 in subparagraph (D). 

16 Such attestation may be manifested by a hand17 written or electronic signature. An employer has 

18 complied with the requirement of this para19 graph with respect to examination of docu20 mentation if the employer has followed applica21 ble regulations and any written procedures or 

22 instructions provided by the Secretary and if a 

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1 ing into account any information provided to 

2 the employer by the Secretary, including photo3 graphs. 

4 ‘‘(B) DOCUMENTS ESTABLISHING BOTH

5 EMPLOYMENT AUTHORIZATION AND IDEN6 TITY.—A document described in this subpara7 graph is an individual’s— 

8 ‘‘(i) United States passport, or pass9 port card issued pursuant to the Secretary 

10 of State’s authority under 22 U.S.C. 211a; 

11 or 

12 ‘‘(ii) permanent resident card or other 

13 document issued by the Secretary or Sec14 retary of State to aliens authorized to work 

15 in the United States, if the document— 

16 ‘‘(I) contains a photograph of the 

17 individual, biometric data, such as fin18 gerprints, or such other personal iden19 tifying information relating to the in20 dividual as the Secretary finds, by 

21 regulation, sufficient for the purposes 

22 of this subsection; 

23 ‘‘(II) is evidence of authorization 

24 for employment in the United States; 

25 and 


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1 ‘‘(III) contains security features 

2 to make it resistant to tampering, 

3 counterfeiting, and fraudulent use. 

4 ‘‘(C) DOCUMENTS ESTABLISHING IDEN5 TITY OF INDIVIDUAL.—A document described in 

6 this subparagraph includes— 

7 ‘‘(i) an individual’s driver’s license or 

8 identity card issued by a State, the Com9 monwealth of the Northern Mariana Is10 lands, or an outlying possession of the 

11 United States, provided that the issuing 

12 State or entity has certified to the Sec13 retary of Homeland Security that it is in 

14 compliance with the minimum standards 

15 required under section 202 of the REAL 

16 ID Act of 2005 (division B of Public Law 

17 109–13) (49 U.S.C. 30301 note) and im18 plementing regulations issued by the Sec19 retary of Homeland Security once those re20 quirements become effective; 

21 ‘‘(ii) an individual’s driver’s license or 

22 identity card issued by a State, the Com23 monwealth of the Northern Mariana Is24 lands, or an outlying possession of the 

25 United States which is not compliant with 


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1 section 202 of the REAL ID Act of 2005 

2 if— 

3 ‘‘(I) the driver’s license or iden4 tity card contains the individual’s pho5 tograph as well as the individual’s 

6 name, date of birth, gender, height, 

7 eye color, and address, and 

8 ‘‘(II) the card is presented by the 

9 individual and examined by the em10 ployer in combination with a U.S. 

11 birth certificate, or a Certificate of 

12 Naturalization, or a Certificate of 

13 Citizenship, or such other documents 

14 as may be prescribed by the Sec15 retary, or 

16 ‘‘(iii) other documentation evidencing 

17 identity as identified by the Secretary in 

18 his discretion, with notice to the public 

19 provided in the Federal Register, to be ac20 ceptable for purposes of this section. 

21 ‘‘(D) SPECIAL RULE FOR MINORS.—Not22 withstanding subparagraphs (B) and (C), a 

23 minor who is under the age of 18 and who is 

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1 graph (B) or clause (i) through (iii) of subpara2 graph (C) is exempt from producing such a doc3 ument if— 

4 ‘‘(i) a parent or legal guardian of the 

5 minor completes a form prescribed by the 

6 Secretary, and in the space for the minor’s 

7 signature, the parent or legal guardian 

8 writes the words, ‘minor under age 18’; 

9 ‘‘(ii) a parent or legal guardian of the 

10 minor completes a form prescribed by the 

11 Secretary, the ‘Preparer/Translator certifi12 cation’; and 

13 ‘‘(iii) the employer of the minor writes 

14 in a form prescribed by the Secretary, in 

15 the space after the words ‘Document Iden16 tification #’ the words, ‘minor under age 

17 18’. 

18 ‘‘(E) SPECIAL RULE FOR INDIVIDUALS

19 WITH DISABILITIES.—Notwithstanding subpara20 graphs (B) and (C), an individual with a dis21 ability (as defined in section 3 of the Americans 

22 with Disabilities Act of 1990 (42 U.S.C. 

23 12102)) who is unable to produce an identity 

24 document described in clause (i) through (ii) of 

25 subparagraph (B) or clause (i) through (iii) of 


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1 subparagraph (C), and who is being placed into 

2 employment by a nonprofit organization or as3 sociation or as part of a rehabilitation program, 

4 and an individual who demonstrates mental re5 tardation whether or not the individual partici6 pates in an employment placement program 

7 through a nonprofit organization or association 

8 or as part of a rehabilitation program, is ex9 empt from producing such a document if— 

10 ‘‘(i) a parent or legal guardian of the 

11 individual, or a representative from the 

12 nonprofit organization, association, or re13 habilitation program placing the individual 

14 into a position of employment completes a 

15 form prescribed by the Secretary, and in 

16 the space for the covered individual’s sig17 nature, writes the words, ‘special place18 ment’; 

19 ‘‘(ii) a parent or legal guardian of the 

20 individual or the program representative, 

21 completes a form prescribed by the Sec22 retary, the ‘Preparer/Translator certifi23 cation’; and 

24 ‘‘(iii) the employer of the covered indi25 vidual writes in a form prescribed by the 


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1 Secretary, in the space after the words 

2 ‘Document Identification #’ the words, 

3 ‘special placement’. 

4 ‘‘(F) DOCUMENTS EVIDENCING EMPLOY5 MENT AUTHORIZATION.—The following docu6 ments may be accepted as evidence of employ7 ment authorization— 

8 ‘‘(i) a Social Security account number 

9 card issued by the Commissioner of Social 

10 Security (other than a card which specifies 

11 on its face that the card is not valid for 

12 employment in the United States); or 

13 ‘‘(ii) any other documentation evidenc14 ing authorization of employment in the 

15 United States which the Secretary de16 clares, by publication in the Federal Reg17 ister, to be acceptable for purposes of this 

18 section. 

19 ‘‘(G) AUTHORITY TO PROHIBIT USE OF

20 CERTAIN DOCUMENTS.—If the Secretary finds 

21 that any document or class of documents de22 scribed in subparagraph (B), (C), or (D) as es23 tablishing employment authorization or identity 

24 does not reliably establish such authorization or 

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1 acceptable degree, the Secretary shall, with no2 tice to the public provided in the Federal Reg3 ister, prohibit or restrict the use of that docu4 ment or class of documents for purposes of this 

5 subsection. 

6 ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY7 MENT AUTHORIZATION.—The individual must attest, 

8 under penalty of perjury on the form prescribed by 

9 the Secretary, that the individual is a citizen or na10 tional of the United States, an alien lawfully admit11 ted for permanent residence, or an alien who is au12 thorized under this Act or by the Secretary to be 

13 hired, recruited, or referred for such employment. 

14 Such attestation may be manifested by either a 

15 hand-written or electronic signature. 

16 ‘‘(3) RETENTION OF VERIFICATION FORM.— 

17 After completion of such form in accordance with 

18 paragraphs (1) and (2), the employer must retain a 

19 paper, microfiche, microfilm, or electronic version of 

20 the form and make it available for inspection by offi21 cers of the Department of Homeland Security (or 

22 persons designated by the Secretary), the Special 

23 Counsel for Immigration-Related Unfair Employ24 ment Practices, or the Department of Labor during 


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1 a period beginning on the date of the hiring, recruit2 ing, or referral of the individual and ending— 

3 ‘‘(A) in the case of the recruiting or refer4 ral for a fee (without hiring) of an individual, 

5 five years after the date of the recruiting or re6 ferral; and 

7 ‘‘(B) in the case of the hiring of an indi8 vidual— 

9 ‘‘(i) five years after the date of such 

10 hiring; or 

11 ‘‘(ii) two years after the date the indi12 vidual’s employment is terminated, which13 ever is earlier. 

14 ‘‘(4) COPYING OF DOCUMENTATION AND REC15 ORDKEEPING REQUIRED.— 

16 ‘‘(A) Notwithstanding any other provision 

17 of law, the employer shall copy all documents 

18 presented by an individual pursuant to this sub19 section and shall retain a paper, microfiche, 

20 microfilm, or electronic copy as prescribed in 

21 paragraph (3), but only (except as otherwise 

22 permitted under law) for the purposes of com23 plying with the requirements of this subsection. 

24 Such copies shall reflect the signatures of the 


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1 employer and the employee, as well as the date 

2 of receipt. 

3 ‘‘(B) The employer shall also maintain 

4 records of Social Security Administration cor5 respondence regarding name and number 

6 mismatches or no-matches and the steps taken 

7 to resolve such issues. 

8 ‘‘(C) The employer shall maintain records 

9 of all actions and copies of any correspondence 

10 or action taken by the employer to clarify or re11 solve any issue that raises reasonable doubt as 

12 to the validity of the alien’s identity or work au13 thorization. 

14 ‘‘(D) The employer shall maintain such 

15 records as prescribed in this subsection. The 

16 Secretary may prescribe the manner of record17 keeping and may require that additional records 

18 be kept or that additional documents be copied 

19 and maintained. The Secretary may require 

20 that these documents be transmitted electroni21 cally, and may develop automated capabilities to 

22 request such documents. 

23 ‘‘(5) PENALTIES.—An employer that fails to 

24 comply with any requirement of this subsection shall 

25 be penalized under subsection (e)(4)(B). 


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1 ‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI2 FICATION CARDS.—Nothing in this section shall be 

3 construed to authorize, directly or indirectly, the 

4 issuance or use of national identification cards or 

5 the establishment of a national identification card. 

6 ‘‘(7) NONDISCRIMINATION.—The employer shall 

7 use the procedures for document verification set 

8 forth in this paragraph for all employees without re9 gard to national origin or citizenship status. 

10 ‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS11 TEM.— 

12 ‘‘(1) IN GENERAL.—The basic pilot program es13 tablished under section 403(a) of the Illegal Immi14 gration Reform and Immigrant Responsibility Act of 

15 1996 (division C of Public Law 104–208; 8 U.S.C. 

16 1324a note) is hereby renamed as the ‘Employment 

17 Eligibility Verification System’ or ‘EEVS’ (and is re18 ferred to in this section as such). 

19 ‘‘(2) EXTENSION OF PROGRAM.—The Secretary 

20 of Homeland Security shall provide for the imple21 mentation of EEVS throughout the United States 

22 on a timely basis, consistent with the implementa23 tion of paragraph (3) and such System shall con24 tinue in operation permanently and shall not termi25 nate. 


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1 ‘‘(3) IMPLEMENTATION SCHEDULE.— 

2 ‘‘(A) PRIORITY EMPLOYERS.—Not later 

3 than 1 year after the date of enactment of this 

4 section, the Secretary in his discretion, with no5 tice to the public provided in the Federal Reg6 ister, is authorized to require any employer or 

7 industry which the Secretary determines to be 

8 part of the critical infrastructure, a Federal 

9 contractor, or directly related to the national 

10 security or homeland security of the United 

11 States to participate in the EEVS. This re12 quirement may be applied to both newly hired 

13 and current employees. The Secretary shall no14 tify employers subject to this subparagraph 60 

15 days prior to required EEVS compliance. 

16 ‘‘(B) LARGE EMPLOYERS.—Not later than 

17 2 years after the date of enactment of this Act 

18 of 2007 the Secretary shall require an employer 

19 with 5,000 or more employees in the United 

20 States to participate in the System, with re21 spect to all employees hired by the employer 

22 after the date the Secretary requires such par23 ticipation. 

24 ‘‘(C) MIDSIZED EMPLOYERS.—Not later 

25 than 3 years after the date of enactment of this 


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1 Act, the Secretary shall require an employer 

2 with less than 5,000 employees and 1,000 or 

3 more employees in the United States to partici4 pate in the System, with respect to all employ5 ees hired by the employer after the date the 

6 Secretary requires such participation. 

7 ‘‘(D) SMALL EMPLOYERS.—Not later than 

8 4 years after the date of the enactment of this 

9 Act of 2007, the Secretary shall require all em10 ployers with less than 1,000 employees in the 

11 United States to participate in the System, with 

12 respect to all employees hired by the employer 

13 after the date the Secretary requires such par14 ticipation. 

15 ‘‘(E) ALL EMPLOYEES.—No later than 5 

16 years after the date of enactment of this sec17 tion, all employers shall participate in the 

18 EEVS with respect to new employees and all 

19 employees whose identity and employment au20 thorization have not been previously verified 

21 through EEVS. The Secretary may specify ear22 lier dates for participation in the EEVS in his 

23 discretion for some or all classes of employer or 

24 employee, provided that the Secretary provides 

25 notification to employees and prints notification 


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1 in the Federal Register 60 days prior to re2 quired compliance with EEVS. 

3 ‘‘(F) The Secretary shall create the nec4 essary systems and processes to monitor the 

5 functioning of the EEVS, including the volume 

6 of the workflow, the speed of processing of que7 ries, and the speed and accuracy of responses. 

8 These systems and processes shall be audited 

9 by the Government Accountability Office 9 

10 months after the date of enactment of this sec11 tion and 24 months after the date of enactment 

12 of this section. The Government Accountability 

13 Office shall report the results of the audits to 

14 Congress. 

15 ‘‘(4) PARTICIPATION IN EEVS.—The Secretary 

16 has the following discretionary authority to require 

17 or to permit participation in the EEVS— 

18 ‘‘(A) to permit any employer that is not re19 quired to participate in the EEVS to do so on 

20 a voluntary basis; and 

21 ‘‘(B) to require any employer that is re22 quired to participate in the EEVS with respect 

23 to its newly hired employees also to do so with 

24 respect to its current workforce if the Secretary 

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1 ployer has engaged in any violation of the immi2 gration laws. 

3 ‘‘(5) CONSEQUENCE OF FAILURE TO PARTICI4 PATE.—If an employer is required under this sub5 section to participate in the EEVS and fails to com6 ply with the requirements of such program with re7 spect to an individual— 

8 ‘‘(A) such failure shall be treated as a vio9 lation of subsection (a)(1)(B) of this section 

10 with respect to that individual, and 

11 ‘‘(B) a rebuttable presumption is created 

12 that the employer has violated subsection 

13 (a)(1)(A) or (a)(2) of this section. 

14 Subparagraph (B) shall not apply in any prosecution 

15 under subsection 274A(f)(1). 

16 ‘‘(6) PROCEDURES FOR PARTICIPANTS IN THE

17 EEVS.— 

18 ‘‘(A) IN GENERAL.—An employer partici19 pating in the EEVS must register in the EEVS 

20 and conform to the following procedures in the 

21 event of hiring, recruiting, or referring any in22 dividual for employment in the United States: 

23 ‘‘(i) REGISTRATION OF EMPLOYERS.— 

24 The Secretary, through notice in the Fed25 eral Register, shall prescribe procedures 


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1 that employers must follow to register in 

2 the EEVS. In prescribing these proce3 dures, the Secretary shall have authority to 

4 require employers to provide: 

5 ‘‘(I) employer’s name; 

6 ‘‘(II) employer’s Employment 

7 Identification Number (EIN); 

8 ‘‘(III) company address; 

9 ‘‘(IV) name, position and Social 

10 Security number of the employer’s 

11 employees accessing the EEVS; and 

12 ‘‘(V) such other information as 

13 the Secretary deems necessary to en14 sure proper use and security of the 

15 EEVS. 

16 The Secretary shall require employers to 

17 undergo such training as the Secretary 

18 deems necessary to ensure proper use and 

19 security of the EEVS. To the extent prac20 ticable, such training shall be made avail21 able electronically. 

22 ‘‘(ii) PROVISION OF ADDITIONAL IN23 FORMATION.—The employer shall obtain 

24 from the individual (and the individual 


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1 shall provide) and shall record in such 

2 manner as the Secretary may specify— 

3 ‘‘(I) an individual’s Social Secu4 rity account number, 

5 ‘‘(II) if the individual does not 

6 attest to United States nationality 

7 under subsection (c)(2) of this section, 

8 such identification or authorization 

9 number established by the Depart10 ment of Homeland Security as the 

11 Secretary of Homeland Security shall 

12 specify, and 

13 ‘‘(III) such other information as 

14 the Secretary may require to deter15 mine the identity and work authoriza16 tion of an employee. 

17 ‘‘(iii) PRESENTATION OF DOCUMENTA18 TION.—The employer, and the individual 

19 whose identity and employment eligibility 

20 are being confirmed, shall fulfill the re21 quirements of subsection (c) of this sec22 tion. 

23 ‘‘(B) SEEKING CONFIRMATION.— 

24 ‘‘(i) The employer shall use the EEVS 

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1 formation in order to obtain confirmation 

2 of the identity and employment eligibility 

3 of any individual no earlier than the date 

4 of hire and no later than on the first day 

5 of employment (or recruitment or referral, 

6 as the case may be). An employer may not, 

7 however, make the starting date of an indi8 vidual’s employment contingent on the re9 ceipt of a confirmation of the identity and 

10 employment eligibility. 

11 ‘‘(ii) For reverification of an employee 

12 with a limited period of work authoriza13 tion, all required verification procedures 

14 must be complete on the date the employ15 ee’s work authorization expires. 

16 ‘‘(iii) For initial verification of an em17 ployee hired before the employer is subject 

18 to the employment eligibility verification 

19 system, all required procedures must be 

20 complete on such date as the Secretary 

21 shall specify in accordance with subpara22 graph (d)(2)(E). 

23 ‘‘(iv) The Secretary shall provide, and 

24 the employer shall utilize, as part of 

25 EEVS, a method of communicating notices 


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1 and requests for information or action on 

2 the part of the employer with respect to 

3 expiring work authorization or status and 

4 other matters. Additionally, the Secretary 

5 shall provide a method of notifying employ6 ers of a confirmation, nonconfirmation or a 

7 notice that further action is required (‘fur8 ther action notice’). The employer shall 

9 communicate to the individual that is the 

10 subject of the verification all information 

11 provided to the employer by the EEVS for 

12 communication to the individual in a time13 ly manner. 

14 ‘‘(C) CONFIRMATION OR NONCONFIRMA15 TION.— 

16 ‘‘(i) INITIAL RESPONSE.—The 

17 verification system shall provide a con18 firmation, a nonconfirmation, or a further 

19 action notice of an individual’s identity and 

20 employment eligibility at the time of the 

21 inquiry, unless for technological reasons or 

22 due to unforeseen circumstances, the 

23 EEVS is unable to provide such confirma24 tion or further action notice. In such situa25 tions, the system shall provide confirmaVerDate Mar 15 2010 04:24 May 12, 2010 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5265.IH H5265

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1 tion or further action notice within 3 busi2 ness days of the initial inquiry. If pro3 viding confirmation or further action no4 tice, the EEVS shall provide an appro5 priate code indicating such confirmation or 

6 such further action notice. 

7 ‘‘(ii) CONFIRMATION UPON INITIAL

8 INQUIRY.—When the employer receives an 

9 appropriate confirmation of an individual’s 

10 identity and work eligibility under the 

11 EEVS, the employer shall record the con12 firmation in such manner as the Secretary 

13 may specify. 

14 ‘‘(iii) FURTHER ACTION NOTICE UPON

15 INITIAL INQUIRY AND SECONDARY

16 VERIFICATION.— 

17 ‘‘(I) FURTHER ACTION NO18 TICE.—If the employer receives a fur19 ther action notice of an individual’s 

20 identity or work eligibility under the 

21 EEVS, the employer shall inform the 

22 individual without delay for whom the 

23 confirmation is sought of the further 

24 action notice and any procedures spec25 ified by the Secretary for addressing 


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1 the further action notice. The em2 ployee must acknowledge in writing 

3 the receipt of the further action notice 

4 from the employer. 

5 ‘‘(II) CONTEST.—Within ten 

6 business days from the date of notifi7 cation to the employee, the employee 

8 must contact the appropriate agency 

9 to contest the further action notice 

10 and, if the Secretary so requires, ap11 pear in person at the appropriate 

12 Federal or State agency for purposes 

13 of verifying the individual’s identity 

14 and employment authorization. The 

15 Secretary, in consultation with the 

16 Commissioner of Social Security and 

17 other appropriate Federal and State 

18 agencies, shall specify an available 

19 secondary verification procedure to 

20 confirm the validity of information 

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1 jury to his identity and employment 

2 authorization. 

3 ‘‘(III) NO CONTEST.—If the indi4 vidual does not contest the further ac5 tion notice within the period specified 

6 in subparagraph (5)(C)(iii)(II), a final 

7 nonconfirmation shall issue. The em8 ployer shall then record the noncon9 firmation in such manner as the Sec10 retary may specify. 

11 ‘‘(IV) FINALITY.—The EEVS 

12 shall provide a final confirmation or 

13 nonconfirmation within 10 business 

14 days from the date of the employee’s 

15 contesting of the further action notice. 

16 As long as the employee is taking the 

17 steps required by the Secretary and 

18 the agency that the employee has con19 tacted to resolve a further action no20 tice, the Secretary shall extend the pe21 riod of investigation until the sec22 ondary verification procedure allows 

23 the Secretary to provide a final con24 firmation or nonconfirmation. If the 

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1 quired by the Secretary and the ap2 propriate agency, a final nonconfirma3 tion may be issued to that employee. 

4 ‘‘(V) RE-EXAMINATION.—Noth5 ing in this section shall prevent the 

6 Secretary from reexamining a case 

7 where a final confirmation has been 

8 provided if subsequently received in9 formation indicates that the individual 

10 may not be work authorized. 

11 ‘‘(VI) TERMINATION.—In no case 

12 shall an employer terminate employ13 ment of an individual solely because of 

14 a failure of the individual to have 

15 identity and work eligibility confirmed 

16 under this section until a noncon17 firmation becomes final and the pe18 riod to timely file an administrative 

19 appeal has passed, and in the case 

20 where an administrative appeal has 

21 been denied, the period to timely file 

22 a petition for judicial review has 

23 passed. When final confirmation or 

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1 propriate code indicating such con2 firmation or nonconfirmation. An indi3 vidual’s failure to contest a further 

4 action notice shall not be considered 

5 an admission of guilt with respect to 

6 any violation of this section or any 

7 provision of law. 

8 ‘‘(D) CONSEQUENCES OF NONCONFIRMA9 TION.— 

10 ‘‘(i) TERMINATION OF CONTINUED

11 EMPLOYMENT.—If the employer has re12 ceived a final nonconfirmation regarding 

13 an individual, the employer shall terminate 

14 employment (or recruitment or referral) of 

15 the individual, unless the individual files 

16 an administrative appeal of a final noncon17 firmation notice under paragraph (7) with18 in the time period prescribed in that para19 graph and the Secretary or the Commis20 sioner stays the final nonconfirmation no21 tice pending the resolution of the adminis22 trative appeal. 

23 ‘‘(ii) CONTINUED EMPLOYMENT

24 AFTER FINAL NONCONFIRMATION.—If the 

25 employer continues to employ (or to recruit 


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1 or refer) an individual after receiving final 

2 nonconfirmation (unless the individual filed 

3 an administrative appeal of a final noncon4 firmation notice under paragraph (7) with5 in the time period prescribed in that para6 graph and the Secretary of the Commis7 sioner stayed the final nonconfirmation no8 tice pending the resolution of the adminis9 trative appeal), a rebuttable presumption is 

10 created that the employer has violated sub11 sections (a)(1)(A) and (a)(2) of this sec12 tion. The previous sentence shall not apply 

13 in any prosecution under subsection (f)(1) 

14 of this section. 

15 ‘‘(E) OBLIGATION TO RESPOND TO QUE16 RIES AND ADDITIONAL INFORMATION.— 

17 ‘‘(i) Employers are required to comply 

18 with requests from the Secretary through 

19 EEVS for information, including queries 

20 concerning current and former employees 

21 that relate to the functioning of the EEVS, 

22 the accuracy of the responses provided by 

23 the EEVS, and any suspected fraud or 

24 identity theft in the use of the EEVS. 


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1 Failure to comply with such a request is a 

2 violation of section (a)(1)(B). 

3 ‘‘(ii) Individuals being verified 

4 through EEVS may be required to take 

5 further action to address irregularities 

6 identified in the documents relied upon for 

7 purposes of employment verification. The 

8 employer shall communicate to the indi9 vidual any such requirement for further ac10 tions and shall record the date and manner 

11 of such communication. The individual 

12 must acknowledge in writing the receipt of 

13 this communication from the employer. 

14 Failure to communicate such a require15 ment is a violation of section (a)(1)(B). 

16 ‘‘(iii) The Secretary is authorized, 

17 with notice to the public provided in the 

18 Federal Register, to implement, clarify, 

19 and supplement the requirements of this 

20 paragraph in order to facilitate the func21 tioning of the EEVS or to prevent fraud or 

22 identity theft in the use of the EEVS. 

23 ‘‘(F) IMPERMISSIBLE USE OF THE EEVS.— 

24 ‘‘(i) An employer may not use the 

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1 tending to the individual an offer of em2 ployment. 

3 ‘‘(ii) An employer may not require an 

4 individual to verify the individual’s own 

5 employment eligibility through the EEVS 

6 as a condition of extending to that indi7 vidual an offer of employment. Nothing in 

8 this paragraph shall be construed to pre9 vent an employer from encouraging an em10 ployee or a prospective employee from 

11 verifying the employee’s or a prospective 

12 employee’s own employment eligibility prior 

13 to obtaining employment pursuant to para14 graph (5)(H). 

15 ‘‘(iii) An employer may not terminate 

16 an individual’s employment solely because 

17 that individual has been issued a further 

18 action notice. 

19 ‘‘(iv) An employer may not take the 

20 following actions solely because an indi21 vidual has been issued a further action no22 tice: 

23 ‘‘(I) reduce salary, bonuses or 

24 other compensation due to the em25 ployee; 


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1 ‘‘(II) suspend the employee with2 out pay; 

3 ‘‘(III) reduce the hours that the 

4 employee is required to work if such 

5 reduction is accompanied by a reduc6 tion in salary, bonuses or other com7 pensation due to the employee, except 

8 that, with the agreement of the em9 ployee, an employer may provide an 

10 employee with reasonable time off 

11 without pay in order to contest and 

12 resolve the further action notice re13 ceived by the employee; and 

14 ‘‘(IV) deny the employee the 

15 training necessary to perform the em16 ployment duties for which the em17 ployee has been hired. 

18 ‘‘(v) An employer may not, in the 

19 course of utilizing the procedures for docu20 ment verification set forth in subsection 

21 (c), require that a prospective employee 

22 present additional documents or different 

23 documents than those prescribed under 

24 that subsection. 


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1 ‘‘(vi) The Secretary of Homeland Se2 curity shall develop the necessary policies 

3 and procedures to monitor employers’ use 

4 of the EEVS and their compliance with the 

5 requirements set forth in this section. Em6 ployers are required to comply with re7 quests from the Secretary for information 

8 related to any monitoring, audit or inves9 tigation undertaken pursuant to this sub10 paragraph. 

11 ‘‘(vii) The Secretary of Homeland Se12 curity, in consultation with the Secretary 

13 of Labor, shall establish and maintain a 

14 process by which any employee (or any 

15 prospective employee who would otherwise 

16 have been hired) who has reason to believe 

17 that an employer has violated subpara18 graphs (i)–(v) may file a complaint against 

19 the employer. 

20 ‘‘(viii) Any employer found to have 

21 violated subparagraphs (i)–(v) shall pay a 

22 civil penalty of up to $10,000 for each vio23 lation. 

24 ‘‘(ix) This paragraph is not intended 

25 to, and does not, create any right, benefit, 


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1 trust, or responsibility, whether substantive 

2 or procedural, enforceable at law or equity 

3 by a party against the United States, its 

4 departments, agencies, instrumentalities, 

5 entities, officers, employees, or agents, or 

6 any person, nor does it create any right of 

7 review in a judicial proceeding. 

8 ‘‘(x) No later than 3 months after the 

9 date of enactment of this section, the Sec10 retary of Homeland Security, in coopera11 tion with the Secretary of Labor and the 

12 Administrator of the Small Business Ad13 ministration, shall conduct a campaign to 

14 disseminate information respecting the 

15 rights and remedies prescribed under this 

16 section. Such campaign shall be aimed at 

17 increasing the knowledge of employers, em18 ployees, and the general public concerning 

19 employer and employee rights, responsibil20 ities and remedies under this section. 

21 ‘‘(I) In order to carry out the 

22 campaign under this paragraph, the 

23 Secretary of Homeland Security may, 

24 to the extent deemed appropriate and 

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1 priations, contract with public and 

2 private organizations for outreach ac3 tivities under the campaign. 

4 ‘‘(II) There are authorized to be 

5 appropriated to carry out this para6 graph $40,000,000 for each fiscal 

7 year 2007 through 2009. 

8 ‘‘(G) Based on a regular review of the 

9 EEVS and the document verification proce10 dures to identify fraudulent use and to assess 

11 the security of the documents being used to es12 tablish identity or employment authorization, 

13 the Secretary in consultation with the Commis14 sioner of Social Security may modify by Notice 

15 published in the Federal Register the docu16 ments that must be presented to the employer, 

17 the information that must be provided to EEVS 

18 by the employer, and the procedures that must 

19 be followed by employers with respect to any as20 pect of the EEVS if the Secretary in his discre21 tion concludes that the modification is nec22 essary to ensure that EEVS accurately and reli23 ably determines the work authorization of em24 ployees while providing protection against fraud 

25 and identity theft. 


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1 ‘‘(H) Subject to appropriate safeguards to 

2 prevent misuse of the system, the Secretary in 

3 consultation with the Commissioner of Social 

4 Security, shall establish secure procedures to 

5 permit an individual who seeks to verify the in6 dividual’s own employment eligibility prior to 

7 obtaining or changing employment, to contact 

8 the appropriate agency and, in a timely man9 ner, correct or update the information used by 

10 the EEVS. 

11 ‘‘(7) PROTECTION FROM LIABILITY FOR AC12 TIONS TAKEN ON THE BASIS OF INFORMATION PRO13 VIDED BY THE CONFIRMATION SYSTEM.—No em14 ployer participating in the EEVS shall be liable 

15 under any law for any employment-related action 

16 taken with respect to the employee in good faith reli17 ance on information provided through the confirma18 tion system. 

19 ‘‘(8) ADMINISTRATIVE REVIEW.— 

20 ‘‘(A) IN GENERAL.—An individual who re21 ceives a final nonconfirmation notice may, not 

22 later than 30 days after the date that such no23 tice is received, file an administrative appeal of 

24 such final notice. An individual who did not 

25 timely contest a further action notice may not 


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1 avail himself of this paragraph. Unless the Sec2 retary of Homeland Security, in consultation 

3 with the Commissioner of Social Security, speci4 fies otherwise, all administrative appeals shall 

5 be filed as follows: 

6 ‘‘(i) NATIONALS OF THE UNITED

7 STATES.—An individual claiming to be a 

8 national of the United States shall file the 

9 administrative appeal with the Commis10 sioner. 

11 ‘‘(ii) ALIENS.—An individual claiming 

12 to be an alien authorized to work in the 

13 United States shall file the administrative 

14 appeal with the Secretary. 

15 ‘‘(B) REVIEW FOR ERROR.—The Secretary 

16 and the Commissioner shall each develop proce17 dures for resolving administrative appeals re18 garding final nonconfirmations based upon the 

19 information that the individual has provided, in20 cluding any additional evidence that was not 

21 previously considered. Appeals shall be resolved 

22 within 30 days after the individual has sub23 mitted all evidence relevant to the appeal. The 

24 Secretary and the Commissioner may, on a case 

25 by case basis for good cause, extend this period 


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1 in order to ensure accurate resolution of an ap2 peal before him. Administrative review under 

3 this paragraph (7) shall be limited to whether 

4 the final nonconfirmation notice is supported by 

5 the weight of the evidence. 

6 ‘‘(C) ADMINISTRATIVE RELIEF.—The relief 

7 available under this paragraph (7) is limited to 

8 an administrative order upholding, reversing, 

9 modifying, amending, or setting aside the final 

10 nonconfirmation notice. The Secretary or the 

11 Commissioner shall stay the final nonconfirma12 tion notice pending the resolution of the admin13 istrative appeal unless the Secretary or the 

14 Commissioner determines that the administra15 tive appeal is frivolous, unlikely to succeed on 

16 the merits, or filed for purposes of delay and 

17 terminates the stay. 

18 ‘‘(D) DAMAGES, FEES AND COSTS.—No 

19 money damages, fees or costs may be awarded 

20 in the administrative review process, and no 

21 court shall have jurisdiction to award any dam22 ages, fees or costs relating to such administra23 tive review under the Equal Access to Justice 

24 Act or any other law. 

25 ‘‘(9) JUDICIAL REVIEW.— 


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1 ‘‘(A) EXCLUSIVE PROCEDURE.—Notwith2 standing any other provision of law (statutory 

3 or nonstatutory) including sections 1361 and 

4 1651 of title 28, no court shall have jurisdiction 

5 to consider any claim against the United States, 

6 or any of its agencies, officers, or employees, 

7 challenging or otherwise relating to a final non8 confirmation notice or to the EEVS, except as 

9 specifically provided by this paragraph. Judicial 

10 review of a final nonconfirmation notice is gov11 erned only by chapter 158 of title 28, except as 

12 provided below. 

13 ‘‘(B) REQUIREMENTS FOR REVIEW OF A

14 FINAL NONCONFIRMATION NOTICE.—With re15 spect to review of a final nonconfirmation notice 

16 under subsection (a), the following requirements 

17 apply: 

18 ‘‘(i) DEADLINE.—The petition for re19 view must be filed no later than 30 days 

20 after the date of the completion of the ad21 ministrative appeal. 

22 ‘‘(ii) VENUE AND FORMS.—The peti23 tion for review shall be filed with the 

24 United States Court of Appeals for the ju25 dicial circuit wherein the petitioner resided 


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1 when the final nonconfirmation notice was 

2 issued. The record and briefs do not have 

3 to be printed. The court of appeals shall 

4 review the proceeding on a typewritten 

5 record and on typewritten briefs. 

6 ‘‘(iii) SERVICE.—The respondent is ei7 ther the Secretary of Homeland Security 

8 or the Commissioner of Social Security, 

9 but not both, depending upon who issued 

10 (or affirmed) the final nonconfirmation no11 tice. In addition to serving the respondent, 

12 the petitioner must also serve the Attorney 

13 General. 

14 ‘‘(iv) PETITIONER’S BRIEF.—The pe15 titioner shall serve and file a brief in con16 nection with a petition for judicial review 

17 not later than 40 days after the date on 

18 which the administrative record is avail19 able, and may serve and file a reply brief 

20 not later than 14 days after service of the 

21 brief of the respondent, and the court may 

22 not extend these deadlines, except for good 

23 cause shown. If a petitioner fails to file a 

24 brief within the time provided in this para25 graph, the court shall dismiss the appeal 


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1 unless a manifest injustice would result. 

2 The court of appeals may set an expedited 

3 briefing schedule. 

4 ‘‘(v) SCOPE AND STANDARD FOR RE5 VIEW.—The court of appeals shall decide 

6 the petition only on the administrative 

7 record on which the final nonconfirmation 

8 order is based. The burden shall be on the 

9 petitioner to show that the final noncon10 firmation decision was arbitrary, capri11 cious, not supported by substantial evi12 dence, or otherwise not in accordance with 

13 law. Administrative findings of fact are 

14 conclusive unless any reasonable adjudi15 cator would be compelled to conclude to 

16 the contrary. 

17 ‘‘(vi) STAY.—The court of appeals 

18 shall stay the final nonconfirmation notice 

19 pending its decision on the petition for re20 view unless the court determines that the 

21 petition for review is frivolous, unlikely to 

22 succeed on the merits, or filed for purposes 

23 of delay. 


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1 ‘‘(C) EXHAUSTION OF ADMINISTRATIVE

2 REMEDIES.—A court may review a final non3 confirmation order only if— 

4 ‘‘(i) the petitioner has exhausted all 

5 administrative remedies available to the 

6 alien as of right, and 

7 ‘‘(ii) another court has not decided 

8 the validity of the order, unless the review9 ing court finds that the petition presents 

10 grounds that could not have been pre11 sented in the prior judicial proceeding or 

12 that the remedy provided by the prior pro13 ceeding was inadequate or ineffective to 

14 test the validity of the order. 

15 ‘‘(D) LIMIT ON INJUNCTIVE RELIEF.—Re16 gardless of the nature of the action or claim or 

17 of the identity of the party or parties bringing 

18 the action, no court (other than the Supreme 

19 Court) shall have jurisdiction or authority to 

20 enjoin or restrain the operation of the provi21 sions in this section, other than with respect to 

22 the application of such provisions to an indi23 vidual petitioner. 

24 ‘‘(10) MANAGEMENT OF EMPLOYMENT ELIGI25 BILITY VERIFICATION SYSTEM.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 manage and modify the EEVS in order to— 

3 ‘‘(i) respond to inquiries made by par4 ticipating employers at any time through 

5 the internet concerning an individual’s 

6 identity and whether the individual is au7 thorized to be employed; 

8 ‘‘(ii) maintain records of the inquiries 

9 that were made, of confirmations provided 

10 (or not provided), and of the codes pro11 vided to employers as evidence of their 

12 compliance with their obligations under the 

13 EEVS; and 

14 ‘‘(iii) provide information to, and re15 quest action by, employers and individuals 

16 using the system, including notifying em17 ployers in advance of the expiration or 

18 other relevant change in an employee’s em19 ployment authorization, and directing an 

20 employer to convey to the employee a re21 quest to contact the appropriate Federal or 

22 State agency. 

23 ‘‘(B) OPERATION OF SYSTEM.—The EEVS 

24 shall be operated— 


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1 ‘‘(i) to maximize its reliability and 

2 ease of use by employers consistent with 

3 insulating and protecting the privacy and 

4 security of the underlying information; 

5 ‘‘(ii) to respond accurately to all in6 quiries made by employers on whether in7 dividuals are authorized to be employed 

8 and to register any times when the system 

9 is unable to receive inquiries; 

10 ‘‘(iii) to maintain appropriate admin11 istrative, technical, and physical safeguards 

12 to prevent unauthorized disclosure of per13 sonal information; 

14 ‘‘(iv) to allow for auditing use of the 

15 system to detect fraud and identify theft, 

16 and to preserve the security of the infor17 mation in all of the system, including but 

18 not limited to the following: 

19 ‘‘(I) to develop and use algo20 rithms to detect potential identity 

21 theft, such as multiple uses of the 

22 same identifying information or docu23 ments; 


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1 ‘‘(II) to develop and use algo2 rithms to detect misuse of the system 

3 by employers and employees; 

4 ‘‘(III) to develop capabilities to 

5 detect anomalies in the use of the sys6 tem that may indicate potential fraud 

7 or misuse of the system; and 

8 ‘‘(IV) to audit documents and in9 formation submitted by potential em10 ployees to employers, including au11 thority to conduct interviews with em12 ployers and employees; 

13 ‘‘(v) to confirm identity and work au14 thorization through verification of records 

15 maintained by the Secretary, other Federal 

16 departments, States, the Commonwealth of 

17 the Northern Mariana Islands, or an out18 lying possession of the United States, as 

19 determined necessary by the Secretary, in20 cluding— 

21 ‘‘(I) records maintained by the 

22 Social Security Administration as 

23 specified in (D); 

24 ‘‘(II) birth and death records 

25 maintained by vital statistics agencies 


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1 of any state or other United States 

2 jurisdiction; 

3 ‘‘(III) passport and visa records 

4 (including photographs) maintained 

5 by the United States Department of 

6 State; and 

7 ‘‘(IV) State driver’s license or 

8 identity card information (including 

9 photographs) maintained by State de10 partment of motor vehicles; and 

11 ‘‘(vi) to confirm electronically the 

12 issuance of the employment authorization 

13 or identity document and to display the 

14 digital photograph that the issuer placed 

15 on the document so that the employer can 

16 compare the photograph displayed to the 

17 photograph on the document presented by 

18 the employee. If in exceptional cases a pho19 tograph is not available from the issuer, 

20 the Secretary shall specify a temporary al21 ternative procedure for confirming the au22 thenticity of the document. 

23 ‘‘(C) OPERATIONAL AND TECHNICAL REG24 ULATIONS.—The Secretary is authorized, with 

25 notice to the public provided in the Federal 


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1 Register, to issue regulations concerning oper2 ational and technical aspects of the EEVS and 

3 the efficiency, accuracy, and security of the 

4 EEVS. 

5 ‘‘(D) ACCESS TO INFORMATION.— 

6 ‘‘(i) Notwithstanding any other provi7 sion of law, the Secretary of Homeland Se8 curity shall have access to relevant records 

9 described at paragraph (9)(B)(v), for the 

10 purposes of preventing identity theft and 

11 fraud in the use of the EEVS and enforc12 ing the provisions of this section governing 

13 employment verification. 

14 ‘‘(ii) The Secretary, in consultation 

15 with the Commissioner of Social Security 

16 and other appropriate Federal and State 

17 agencies, shall develop policies and proce18 dures to ensure protection of the privacy 

19 and security of personally identifiable in20 formation and identifiers contained in the 

21 records accessed pursuant to this para22 graph and subparagraph (d)(5)(E)(i). The 

23 Secretary, in consultation with the Com24 missioner and other appropriate Federal 

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1 ploy appropriate privacy and security 

2 training for the Federal and State employ3 ees accessing the records pursuant to this 

4 paragraph and subparagraph (d)(5)(E)(i). 

5 ‘‘(iii) The Chief Privacy Officer of the 

6 Department of Homeland Security shall 

7 conduct regular privacy audits of the poli8 cies and procedures established under sub9 paragraph (9)(D)(ii), including any collec10 tion, use, dissemination, and maintenance 

11 of personally identifiable information and 

12 any associated information technology sys13 tems, as well as scope of requests for this 

14 information. The Chief Privacy Officer 

15 shall review the results of the audits and 

16 recommend to the Secretary and the Pri17 vacy and Civil Liberties Oversight Board 

18 any changes necessary to improve the pri19 vacy protections of the program. 

20 ‘‘(E) RESPONSIBILITIES OF THE SEC21 RETARY OF HOMELAND SECURITY.— 

22 ‘‘(i) As part of the EEVS, the Sec23 retary shall maintain a reliable, secure 

24 method, which, operating through the 

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1 fied, compares the name, alien identifica2 tion or authorization number, or other rel3 evant information provided in an inquiry 

4 against such information maintained or 

5 accessed by the Secretary in order to con6 firm (or not confirm) the validity of the in7 formation provided, the correspondence of 

8 the name and number, whether the alien is 

9 authorized to be employed in the United 

10 States (or, to the extent that the Secretary 

11 determines to be feasible and appropriate, 

12 whether the Secretary’s records verify 

13 United States citizenship), and such other 

14 information as the Secretary may pre15 scribe. 

16 ‘‘(ii) As part of the EEVS, the Sec17 retary shall establish a reliable, secure 

18 method, which, operating through the 

19 EEVS, displays the digital photograph de20 scribed in paragraph (d)(9)(B)(vi). 

21 ‘‘(iii) The Secretary shall have author22 ity to prescribe when a confirmation, non23 confirmation or further action notice shall 

24 be issued. 


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1 ‘‘(iv) The Secretary shall perform reg2 ular audits under the EEVS, as described 

3 in paragraph (d)(9)(B)(iv) of this section 

4 and shall utilize the information obtained 

5 from such audits, as well as any informa6 tion obtained from the Commissioner of 

7 Social Security pursuant to section 4 of 

8 this Act, for the purposes of this Act and 

9 of immigration enforcement in general. 

10 ‘‘(v) The Secretary shall make appro11 priate arrangements to allow employers 

12 who are otherwise unable to access the 

13 EEVS to use Federal Government facilities 

14 or public facilities in order to utilize the 

15 EEVS. 

16 ‘‘(vi) The Secretary shall authorize 

17 certain entities to serve as liaisons between 

18 the electronic verification system and em19 ployers who wish to outsource submission 

20 of employment eligibility verification que21 ries for newly hired or current employees. 

22 The Secretary shall establish regulations 

23 modeled on the E-Verify Designated Agent 

24 program in place at the Department as of 

25 2007. Designated agents shall register 


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1 with the Department and sign a Memo2 randum of Understanding as determined 

3 by the Secretary. Additionally designated 

4 agents shall sign the determined Memo5 randum of Understanding with each em6 ployer who has designated the agent to 

7 perform verification services on their be8 half. The Secretary may authorize regula9 tions ensuring proper conduct and over10 sight of designated agents as appropriate. 

11 The Secretary shall make available to em12 ployers information on how to identify and 

13 enter into an agreement with a designated 

14 agent to arrange for such an agent to per15 form verification services on their behalf. 

16 ‘‘(F) RESPONSIBILITIES OF THE SEC17 RETARY OF STATE.—As part of the EEVS, the 

18 Secretary of State shall provide to the Sec19 retary access to passport and visa information 

20 as needed to confirm that a passport or pass21 port card presented under section (c)(1)(B) be22 longs to the subject of the EEVS check, or that 

23 a passport or visa photograph matches an indi24 vidual. 


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1 ‘‘(G) UPDATING INFORMATION.—The 

2 Commissioner of Social Security and the Secre3 taries of Homeland Security and State shall up4 date their information in a manner that pro5 motes maximum accuracy and shall provide a 

6 process for the prompt correction of erroneous 

7 information. 

8 ‘‘(11) LIMITATION ON USE OF THE EMPLOY9 MENT ELIGIBILITY VERIFICATION SYSTEM.—Not10 withstanding any other provision of law, nothing in 

11 this subsection shall be construed to permit or allow 

12 any department, bureau, or other agency of the 

13 United States Government to utilize any informa14 tion, database, or other records assembled under this 

15 subsection for any purpose other than for the en16 forcement and administration of the immigration 

17 laws, anti-terrorism laws, or for enforcement of Fed18 eral criminal law related to the functions of the 

19 EEVS, including prohibitions on forgery, fraud and 

20 identity theft. 

21 ‘‘(12) UNAUTHORIZED USE OR DISCLOSURE OF

22 INFORMATION.—Any employee of the Department of 

23 Homeland Security or another Federal or State 

24 agency who knowingly uses or discloses the informa25 tion assembled under this subsection for a purpose 


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1 other than one authorized under this section shall 

2 pay a civil penalty of $5,000–$50,000 for each viola3 tion. 

4 ‘‘(13) CONFORMING AMENDMENT.—Public Law 

5 104–208, div. C, title IV, subtitle A, sections 402– 

6 405 are repealed, provided that nothing in this sub7 section shall be construed to limit the authority of 

8 the Secretary to allow or continue to allow the par9 ticipation of Basic Pilot employers in the EEVS es10 tablished by this subsection. 

11 ‘‘(14) FUNDS.—In addition to any appropriated 

12 funds, the Secretary is authorized to use funds pro13 vided in sections 286 (m) and (n), for the mainte14 nance and operation of the EEVS. EEVS shall be 

15 considered an immigration adjudication service for 

16 purposes of sections 286 (m) and (n). 

17 ‘‘(15) NON-DISCRIMINATION.—The employer 

18 shall use the procedures for EEVS specified in this 

19 section for all employees without regard to national 

20 origin or citizenship status. 

21 ‘‘(e) COMPLIANCE.— 

22 ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 

23 Secretary of Homeland Security shall establish pro24 cedures— 


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1 ‘‘(A) for individuals and entities to file 

2 complaints respecting potential violations of 

3 subsection (a) or (g)(1); 

4 ‘‘(B) for the investigation of those com5 plaints which the Secretary deems it appro6 priate to investigate; and 

7 ‘‘(C) for the investigation of such other 

8 violations of subsection (a) or (g)(1) as the Sec9 retary determines to be appropriate. 

10 ‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con11 ducting investigations and hearings under this sub12 section— 

13 ‘‘(A) immigration officers shall have rea14 sonable access to examine evidence of any em15 ployer being investigated; and 

16 ‘‘(B) immigration officers designated by 

17 the Secretary may compel by subpoena the at18 tendance of witnesses and the production of evi19 dence at any designated place in an investiga20 tion or case under this subsection. In case of 

21 contumacy or refusal to obey a subpoena law22 fully issued under this paragraph, the Secretary 

23 may request that the Attorney General apply in 

24 an appropriate district court of the United 

25 States for an order requiring compliance with 


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1 such subpoena, and any failure to obey such 

2 order may be punished by such court as a con3 tempt thereof. Failure to cooperate with such 

4 subpoena shall be subject to further penalties, 

5 including but not limited to further fines and 

6 the voiding of any mitigation of penalties or ter7 mination of proceedings under subsection 

8 (e)(3)(B). 

9 ‘‘(3) COMPLIANCE PROCEDURES.— 

10 ‘‘(A) PRE-PENALTY NOTICE.—If the Sec11 retary has reasonable cause to believe that 

12 there has been a civil violation of this section or 

13 the requirements of this section, including but 

14 not limited to subsections (b), (c), (d), and (k), 

15 and determines that further proceedings are 

16 warranted, the Secretary shall issue to the em17 ployer concerned a written notice of the Depart18 ment’s intention to issue a claim for a monetary 

19 or other penalty. Such pre-penalty notice 

20 shall— 

21 ‘‘(i) describe the violation; 

22 ‘‘(ii) specify the laws and regulations 

23 allegedly violated; 

24 ‘‘(iii) disclose the material facts which 

25 establish the alleged violation; and 


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1 ‘‘(iv) inform such employer that he or 

2 she shall have a reasonable opportunity to 

3 make representations as to why a claim for 

4 a monetary or other penalty should not be 

5 imposed. 

6 ‘‘(B) REMISSION OR MITIGATION OF PEN7 ALTIES.—Whenever any employer receives writ8 ten pre-penalty notice of a fine or other penalty 

9 in accordance with subparagraph (A), the em10 ployer may file, within 15 days from receipt of 

11 such notice, with the Secretary a petition for 

12 the remission or mitigation of such fine or pen13 alty, or a petition for termination of the pro14 ceedings. The petition may include any relevant 

15 evidence or proffer of evidence the employer 

16 wishes to present, and shall be filed and consid17 ered in accordance with procedures to be estab18 lished by the Secretary. If the Secretary finds 

19 that such fine, penalty, or forfeiture was in20 curred erroneously, or finds the existence of 

21 such mitigating circumstances as to justify the 

22 remission or mitigation of such fine or penalty, 

23 the Secretary may remit or mitigate the same 

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1 mination of any proceedings relating thereto. 

2 Such mitigating circumstances may include, but 

3 need not be limited to, good faith compliance 

4 and participation in, or agreement to partici5 pate in, the EEVS, if not otherwise required. 

6 This subparagraph shall not apply to an em7 ployer that has or is engaged in a pattern or 

8 practice of violations of subsection (a)(1)(A), 

9 (a)(1)(B), or (a)(2) or of any other require10 ments of this section. 

11 ‘‘(C) PENALTY CLAIM.—After considering 

12 evidence and representations, if any, offered by 

13 the employer pursuant to subparagraph (B), 

14 the Secretary shall determine whether there was 

15 a violation and promptly issue a written final 

16 determination setting forth the findings of fact 

17 and conclusions of law on which the determina18 tion is based. If the Secretary determines that 

19 there was a violation, the Secretary shall issue 

20 the final determination with a written penalty 

21 claim. The penalty claim shall specify all 

22 charges in the information provided under 

23 clauses (i) through (iii) of subparagraph (A) 

24 and any mitigation or remission of the penalty 

25 that the Secretary deems appropriate. 


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1 ‘‘(4) CIVIL PENALTIES.— 

2 ‘‘(A) HIRING AND CONTINUED EMPLOY3 MENT OF UNAUTHORIZED ALIENS.—Any em4 ployer that violates any provision of subsection 

5 (a)(1)(A) or (a)(2) shall— 

6 ‘‘(i) pay a civil penalty of not less 

7 than $550 and not more than $4,400 for 

8 each unauthorized alien with respect to 

9 which each violation of either subsection 

10 (a)(1)(A) or (a)(2) occurred; 

11 ‘‘(ii) if an employer has previously 

12 been fined under subsection (e)(4)(A), pay 

13 a civil penalty of not less than $4,400 and 

14 not more than $11,000 for each unauthor15 ized alien with respect to which a violation 

16 of either subsection (a)(1)(A) or (a)(2) oc17 curred; 

18 ‘‘(iii) if an employer has previously 

19 been fined more than once under sub20 section (e)(4), pay a civil penalty of not 

21 less than $6,600 and not more than 

22 $22,000 for each unauthorized alien with 

23 respect to which a violation of either sub24 section has occurred. This penalty shall 

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1 viously assessed, to employers who fail to 

2 comply with a previously issued and final 

3 order under this section; 

4 ‘‘(iv) if an employer has previously 

5 been fined more than twice under sub6 section (e)(4)(A), pay a civil penalty of 

7 ‘‘$10,000 for each alien with respect to 

8 which a violation of either subsection 

9 (a)(1) or (a)(2) occurred; and 

10 ‘‘(v) in addition to any penalties pre11 viously assessed, an employer who fails to 

12 comply with a previously issued and final 

13 order under this section shall be fined 

14 $25,000 for each violation. 

15 ‘‘(B) RECORDKEEPING OR VERIFICATION

16 PRACTICES.—Any employer that violates or fails 

17 to comply with any requirement of subsection 

18 (b), (c), and (d), shall pay a civil penalty as fol19 lows: 

20 ‘‘(i) Pay a civil penalty of $1,000 for 

21 each violation. 

22 ‘‘(ii) If an employer has previously 

23 been fined under subsection (e)(4)(B), pay 

24 a civil penalty of $2,000 for each violation. 


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1 ‘‘(iii) If an employer has previously 

2 been fined more than once under sub3 section (e)(4), pay a civil penalty of $5,000 

4 for each violation. This penalty shall apply, 

5 in addition to any penalties previously as6 sessed, to employers who fail to comply 

7 with a previously issued and final order 

8 under this section. 

9 ‘‘(iv) If an employer has previously 

10 been fined more than twice under sub11 section (e)(4)(B), pay a civil penalty of 

12 $15,000 for each violation. 

13 ‘‘(v) In addition to any penalties pre14 viously assessed, an employer who fails to 

15 comply with a previously issued and final 

16 order under this section shall be fined 

17 $15,000 for each violation. 

18 ‘‘(C) OTHER PENALTIES.—The Secretary 

19 may impose additional penalties for violations, 

20 including cease and desist orders, specially de21 signed compliance plans to prevent further vio22 lations, suspended fines to take effect in the 

23 event of a further violation, and in appropriate 

24 cases, the remedy provided by paragraph (g)(2). 

25 All penalties in this section may be adjusted 


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1 every four years to account for inflation as pro2 vided by law. 

3 ‘‘(D) PENALTY REDUCTION AND MITIGA4 TION.—The Secretary is authorized to reduce 

5 or mitigate penalties imposed upon employers, 

6 based upon factors including, but not limited to, 

7 the employer’s hiring volume, compliance his8 tory, good-faith implementation of a compliance 

9 program, participation in a temporary worker 

10 program, and voluntary disclosure of violations 

11 of this subsection to the Secretary. 

12 ‘‘(5) ORDER OF INTERNAL REVIEW AND CER13 TIFICATION OF COMPLIANCE.—If the Secretary has 

14 reasonable cause to believe that an employer has 

15 failed to comply with this section, the Secretary is 

16 authorized, at any time, to require that the employer 

17 certify that it is in compliance with this section, or 

18 has instituted a program to come into compliance. 

19 Within 60 days of receiving a notice from the Sec20 retary requiring such a certification, the employer’s 

21 chief executive officer or similar official with respon22 sibility for, and authority to bind the company on, 

23 all hiring and immigration compliance notices shall 

24 certify under penalty of perjury that the employer is 

25 in conformance with the requirements of subsections 


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1 (c)(1) through (c)(4), pertaining to document 

2 verification requirements, and with subsection (d), 

3 pertaining to the EEVS (once that system is imple4 mented according to the requirements of (d)(1)), 

5 and with any additional requirements that the Sec6 retary may promulgate by regulation pursuant to 

7 subsections (c), (d), and (k), or that the employer 

8 has instituted a program to come into compliance 

9 with these requirements. At the request of the em10 ployer, the Secretary may extend the 60-day dead11 line for good cause. The Secretary is authorized to 

12 publish in the Federal Register standards or meth13 ods for such certification, require specific record14 keeping practices with respect to such certifications, 

15 and audit the records thereof at any time. This au16 thority shall not be construed to diminish or qualify 

17 any other penalty provided by this section. 

18 ‘‘(6) JUDICIAL REVIEW.— 

19 ‘‘(A) IN GENERAL.—Notwithstanding any 

20 other provision of law (statutory or nonstatu21 tory) including sections 1361 and 1651 of title 

22 28, no court shall have jurisdiction to consider 

23 a final determination or penalty claim issued 

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1 view of a final determination under paragraph 

2 (e)(4) is governed only by chapter 158 of title 

3 28, except as specifically provided below. The 

4 filing of a petition as provided in this para5 graph shall stay the Secretary’s determination 

6 until entry of judgment by the court. The Sec7 retary is authorized to require that petitioner 

8 provide, prior to filing for review, security for 

9 payment of fines and penalties through bond or 

10 other guarantee of payment acceptable to the 

11 Secretary. 

12 ‘‘(B) REQUIREMENTS FOR REVIEW OF A

13 FINAL DETERMINATION.—With respect to judi14 cial review of a final determination or penalty 

15 claim issued under subparagraph (3)(C), the 

16 following requirements apply: 

17 ‘‘(i) DEADLINE.—The petition for re18 view must be filed no later than 30 days 

19 after the date of the final determination or 

20 penalty claim issued under subparagraph 

21 (3)(C). 

22 ‘‘(ii) VENUE AND FORMS.—The peti23 tion for review shall be filed with the court 

24 of appeals for the judicial circuit wherein 

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1 mination or penalty claim was issued. The 

2 record and briefs do not have to be print3 ed. The court of appeals shall review the 

4 proceeding on a typewritten record and on 

5 typewritten briefs. 

6 ‘‘(iii) SERVICE.—The respondent is ei7 ther the Secretary of Homeland Security 

8 or the Commissioner of Social Security, 

9 but not both, depending upon who issued 

10 (or affirmed) the final nonconfirmation no11 tice. In addition to serving the respondent, 

12 the petitioner must also serve the Attorney 

13 General. 

14 ‘‘(iv) PETITIONER’S BRIEF.—The pe15 titioner shall serve and file a brief in con16 nection with a petition for judicial review 

17 not later than 40 days after the date on 

18 which the administrative record is avail19 able, and may serve and file a reply brief 

20 not later than 14 days after service of the 

21 brief of the respondent, and the court may 

22 not extend these deadlines, except for good 

23 cause shown. If a petitioner fails to file a 

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1 graph, the court shall dismiss the appeal 

2 unless a manifest injustice would result. 

3 ‘‘(v) SCOPE AND STANDARD FOR RE4 VIEW.—The court of appeals shall decide 

5 the petition only on the administrative 

6 record on which the final determination is 

7 based. The burden shall be on the peti8 tioner to show that the final determination 

9 was arbitrary, capricious, not supported by 

10 substantial evidence, or otherwise not in 

11 accordance with law. Administrative find12 ings of fact are conclusive unless any rea13 sonable adjudicator would be compelled to 

14 conclude to the contrary. 

15 ‘‘(C) EXHAUSTION OF ADMINISTRATIVE

16 REMEDIES.—A court may review a final deter17 mination under subparagraph (3)(C) only if— 

18 ‘‘(i) the petitioner has exhausted all 

19 administrative remedies available to the pe20 titioner as of right, and 

21 ‘‘(ii) another court has not decided 

22 the validity of the order, unless the review23 ing court finds that the petition presents 

24 grounds that could not have been pre25 sented in the prior judicial proceeding or 


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1 that the remedy provided by the prior pro2 ceeding was inadequate or ineffective to 

3 test the validity of the order. 

4 ‘‘(D) LIMIT ON INJUNCTIVE RELIEF.—Re5 gardless of the nature of the action or claim or 

6 of the identity of the party or parties bringing 

7 the action, no court (other than the Supreme 

8 Court) shall have jurisdiction or authority to 

9 enjoin or restrain the operation of the provi10 sions in this section, other than with respect to 

11 the application of such provisions to an indi12 vidual petitioner. 

13 ‘‘(7) ENFORCEMENT OF ORDERS.—If an em14 ployer fails to comply with a final determination 

15 issued against that employer under this subsection, 

16 and the final determination is not subject to review 

17 as provided in paragraph (6), the Attorney General 

18 may file suit to enforce compliance with the final de19 termination in any appropriate district court of the 

20 United States. In any such suit, the validity and ap21 propriateness of the final determination shall not be 

22 subject to review. 

23 ‘‘(8) LIENS.— 

24 ‘‘(A) CREATION OF LIEN.—If any employer 

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1 glects or refuses to pay such liability and fails 

2 to file a petition for review (if applicable) as 

3 provided in paragraph 6 of this subsection, such 

4 liability is a lien in favor of the United States 

5 on all property and rights to property of such 

6 person as if the liability of such person were a 

7 liability for a tax assessed under the Internal 

8 Revenue Code of 1986. If a petition for review 

9 is filed as provided in paragraph 6 of this sub10 section, the lien (if any) shall arise upon the 

11 entry of a final judgment by the court. The lien 

12 continues for 20 years or until the liability is 

13 satisfied, remitted, set aside, or is terminated. 

14 ‘‘(B) EFFECT OF FILING NOTICE OF

15 LIEN.—Upon filing of a notice of lien in the 

16 manner in which a notice of tax lien would be 

17 filed under section 6323(f) (1) and (2) of the 

18 Internal Revenue Code of 1986, the lien shall 

19 be valid against any purchaser, holder of a se20 curity interest, mechanic’s lien or judgment lien 

21 creditor, except with respect to properties or 

22 transactions specified in subsection (b), (c), or 

23 (d) of section 6323 of the Internal Revenue 

24 Code of 1986 for which a notice of tax lien 

25 properly filed on the same date would not be 


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1 notice of lien shall be considered a notice of lien 

2 for taxes payable to the United States for the 

3 purpose of any State or local law providing for 

4 the filing of a notice of a tax lien. A notice of 

5 lien that is registered, recorded, docketed, or in6 dexed in accordance with the rules and require7 ments relating to judgments of the courts of the 

8 State where the notice of lien is registered, re9 corded, docketed, or indexed shall be considered 

10 for all purposes as the filing prescribed by this 

11 section. The provisions of section 3201(e) of 

12 chapter 176 of title 28 shall apply to liens filed 

13 as prescribed by this section. 

14 ‘‘(C) ENFORCEMENT OF A LIEN.—A lien 

15 obtained through this process shall be consid16 ered a debt as defined by 28 U.S.C. 3002 and 

17 enforceable pursuant to the Federal Debt Col18 lection Procedures Act. 

19 ‘‘(f) CRIMINAL PENALTIES AND INJUNCTIONS FOR

20 PATTERN OR PRACTICE VIOLATIONS.— 

21 ‘‘(1) CRIMINAL PENALTY.—Any employer which 

22 engages in a pattern or practice of knowing viola23 tions of subsection (a)(1)(A) or (a)(2) shall be fined 

24 not more than $75,000 for each unauthorized alien 

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1 prisoned for not more than six months for the entire 

2 pattern or practice, or both. 

3 ‘‘(2) ENJOINING OF PATTERN OR PRACTICE

4 VIOLATIONS.—Whenever the Secretary or the Attor5 ney General has reasonable cause to believe that an 

6 employer is engaged in a pattern or practice of em7 ployment, recruitment, or referral in violation of 

8 paragraph (1)(A) or (2) of subsection (a), the Attor9 ney General may bring a civil action in the appro10 priate district court of the United States requesting 

11 such relief, including a permanent or temporary in12 junction, restraining order, or other order against 

13 the employer, as the Secretary deems necessary. 

14 ‘‘(g) PROHIBITION OF INDEMNITY BONDS.— 

15 ‘‘(1) PROHIBITION.—It is unlawful for an em16 ployer, in the hiring, recruiting, or referring for em17 ployment of any individual, to require the individual 

18 to post a bond or security, to pay or agree to pay 

19 an amount, or otherwise to provide a financial guar20 antee or indemnity, against any potential liability 

21 arising under this section relating to such hiring, re22 cruiting, or referring of the individual. 

23 ‘‘(2) CIVIL PENALTY.—Any employer which is 

24 determined, after notice and opportunity for mitiga25 tion of the monetary penalty under subsection (e), to 


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1 have violated paragraph (1) of this subsection shall 

2 be subject to a civil penalty of $10,000 for each vio3 lation and to an administrative order requiring the 

4 return of any amounts received in violation of such 

5 paragraph to the employee or, if the employee can6 not be located, to the general fund of the Treasury. 

7 ‘‘(h) GOVERNMENT CONTRACTS.— 

8 ‘‘(1) EMPLOYERS.—Whenever an employer who 

9 does not hold Federal contracts, grants, or coopera10 tive agreements is determined by the Secretary to be 

11 a repeat violator of this section or is convicted of a 

12 crime under this section, the employer shall be sub13 ject to debarment from the receipt of Federal con14 tracts, grants, or cooperative agreements for a pe15 riod of up to two years in accordance with the proce16 dures and standards prescribed by the Federal Ac17 quisition Regulations. The Secretary or the Attorney 

18 General shall advise the Administrator of General 

19 Services of any such debarment, and the Adminis20 trator of General Services shall list the employer on 

21 the List of Parties Excluded from Federal Procure22 ment and Nonprocurement Programs for the period 

23 of the debarment. The Administrator of General 

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1 section or may limit the duration or scope of the de2 barment. 

3 ‘‘(2) CONTRACTORS AND RECIPIENTS.—When4 ever an employer who holds Federal contracts, 

5 grants, or cooperative agreements is determined by 

6 the Secretary to be a repeat violator of this section 

7 or is convicted of a crime under this section, the em8 ployer shall be subject to debarment from the receipt 

9 of Federal contracts, grants, or cooperative agree10 ments for a period of up to two years in accordance 

11 with the procedures and standards prescribed by the 

12 Federal Acquisition Regulations. Prior to debarring 

13 the employer, the Secretary, in cooperation with the 

14 Administrator of General Services, shall advise all 

15 agencies holding contracts, grants, or cooperative 

16 agreements with the employer of the proceedings to 

17 debar the employer from the receipt of new Federal 

18 contracts, grants, or cooperative agreements for a 

19 period of up to two years. After consideration of the 

20 views of agencies holding contracts, grants or coop21 erative agreements with the employer, the Secretary 

22 may, in lieu of proceedings to debar the employer 

23 from the receipt of new Federal contracts, grants, or 

24 cooperative agreements for a period of up to two 

25 years, waive operation of this subsection, limit the 


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1 duration or scope of the proposed debarment, or 

2 may refer to an appropriate lead agency the decision 

3 of whether to seek debarment of the employer, for 

4 what duration, and under what scope in accordance 

5 with the procedures and standards prescribed by the 

6 Federal Acquisition Regulation. However, any pro7 posed debarment predicated on an administrative de8 termination of liability for civil penalty by the Sec9 retary or the Attorney General shall not be review10 able in any debarment proceeding. 

11 ‘‘(3) SUSPENSION.—Indictments for violations 

12 of this section or adequate evidence of actions that 

13 could form the basis for debarment under this sub14 section shall be considered a cause for suspension 

15 under the procedures and standards for suspension 

16 prescribed by the Federal Acquisition Regulation. 

17 ‘‘(4) INADVERTENT VIOLATION.—Inadvertent 

18 violations of recordkeeping or verification require19 ments, in the absence of any other violations of this 

20 section, shall not be a basis for determining that an 

21 employer is a repeat violator for purposes of this 

22 subsection. 

23 ‘‘(i) MISCELLANEOUS PROVISIONS.— 

24 ‘‘(1) DOCUMENTATION.—In providing docu25 mentation or endorsement of authorization of aliens 


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1 (other than aliens lawfully admitted for permanent 

2 residence) authorized to be employed in the United 

3 States, the Secretary shall provide that any limita4 tions with respect to the period or type of employ5 ment or employer shall be conspicuously stated on 

6 the documentation or endorsement. 

7 ‘‘(2) PREEMPTION.—The provisions of this sec8 tion preempt any State or local law that requires the 

9 use of the EEVS in a fashion that conflicts with 

10 Federal policies, procedures or timetables, or that 

11 imposes civil or criminal sanctions (other than 

12 through licensing and similar laws) upon those who 

13 employ, or recruit or refer for a fee for employment, 

14 unauthorized aliens. 

15 ‘‘(j) DEPOSIT OF AMOUNTS RECEIVED.—Except as 

16 otherwise specified, civil penalties collected under this sec17 tion shall be deposited by the Secretary into the general 

18 fund of the Treasury. 

19 ‘‘(k) NO MATCH NOTICE.— 

20 ‘‘(1) IN GENERAL.—For the purpose of this 

21 subsection, a no match notice is written notice from 

22 the Social Security Administration (SSA) to an em23 ployer reporting earnings on a Form W–2 that em24 ployees’ names or corresponding social security ac25 count numbers fail to match SSA records. The SecVerDate Mar 15 2010 04:24 May 12, 2010 Jkt 089200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H5265.IH H5265

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1 retary, in consultation with the Commissioner of the 

2 Social Security Administration, is authorized to es3 tablish by regulation requirements for verifying the 

4 identity and work authorization of employees who 

5 are the subject of no-match notices. 

6 ‘‘(2) NOTIFICATION OF EMPLOYEE.—An em7 ployee subject to a no-match notice shall also be 

8 issued a no-match notice, within 5 days of the em9 ployer, which shall explain— 

10 ‘‘(A) that the no-match notice has been 

11 issued to employer; 

12 ‘‘(B) that the no-match notice does not 

13 represent a binding decision on employment 

14 status; 

15 ‘‘(C) that the employee has the right to re16 solve the no-match notice within the period of 

17 time designated by (k)(2); and 

18 ‘‘(D) that the employee is protected from 

19 adverse employment consequences during the 

20 period of time designated by (k)(2). 

21 ‘‘(3) TIME PERIOD FOR RESOLUTION.—The 

22 Secretary shall establish by regulation a reasonable 

23 period of time during which an employer must allow 

24 an employee who is subject to a no-match notice to 

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1 ment consequences. The period of time shall be ex2 tended in such cases where an employee has sought 

3 resolution of the no-match notice, at an office of the 

4 Social Security Administration or other appropriate 

5 entity, during the designated period of time but final 

6 resolution or non-resolution of the no-match noticed 

7 has yet to be determined by the office or entity in 

8 question. The period of time shall be extended until 

9 such time as the pending final resolution or non-res10 olution of the no-match notice is determined, pro11 vided that the employee has acted in good faith co12 operation with the office or entity in question. 

13 ‘‘(4) CONTINUED EMPLOYMENT IN CASE OF UN14 RESOLVED NO-MATCH.—The Secretary shall estab15 lish by regulation a procedure for verifying employer 

16 compliance with any provision of subsection (a)(2) in 

17 the case of unresolved no-match notices. 

18 ‘‘(5) CHALLENGES TO VALIDITY.— 

19 ‘‘(A) IN GENERAL.—Any right, benefit, or 

20 claim not otherwise waived or limited pursuant 

21 to this section is available in an action insti22 tuted in the United States District Court for 

23 the District of Columbia, but shall be limited to 

24 determinations of— 


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1 ‘‘(i) whether this section, or any regu2 lation issued to implement this section, vio3 lates the Constitution of the United States; 

4 or 

5 ‘‘(ii) whether such a regulation issued 

6 by or under the authority of the Secretary 

7 to implement this section, is contrary to 

8 applicable provisions of this section or was 

9 issued in violation of title 5, chapter 5, 

10 United States Code. 

11 ‘‘(B) DEADLINES FOR BRINGING AC12 TIONS.—Any action instituted under this para13 graph must be filed no later than 90 days after 

14 the date the challenged section or regulation de15 scribed in clause (i) or (ii) of subparagraph (A) 

16 is first implemented. 

17 ‘‘(C) CLASS ACTIONS.—The court may not 

18 certify a class under Rule 23 of the Federal 

19 Rules of Civil Procedure in any action under 

20 this section. 

21 ‘‘(D) RULE OF CONSTRUCTION.—In deter22 mining whether the Secretary’s interpretation 

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1 pretation the maximum deference permissible 

2 under the Constitution. 

3 ‘‘(E) NO ATTORNEYS’ FEES.—Notwith4 standing any other provision of law, the court 

5 shall not award fees or other expenses to any 

6 person or entity based upon any action relating 

7 to this title brought pursuant to this sub8 section.’’. 

9 SEC. 4. EFFECTIVE DATE. 

10 This title shall become effective on the date of enact11 ment. 

12 SEC. 5. DISCLOSURE OF CERTAIN TAXPAYER INFORMATION 

13 TO ASSIST IN IMMIGRATION ENFORCEMENT. 

14 (a) DISCLOSURE OF CERTAIN TAXPAYER IDENTITY

15 INFORMATION.— 

16 (1) IN GENERAL.—Section 6103(l) of the Inter17 nal Revenue Code of 1986 is amended by adding at 

18 the end the following new paragraph: 

19 ‘‘(21) DISCLOSURE OF CERTAIN TAXPAYER

20 IDENTITY INFORMATION BY SOCIAL SECURITY AD21 MINISTRATION TO DEPARTMENT OF HOMELAND SE22 CURITY.— 

23 ‘‘(A) IN GENERAL.—From taxpayer iden24 tity information or other information which has 

25 been disclosed or otherwise made available to 


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1 the Social Security Administration and upon 

2 written request by the Secretary of Homeland 

3 Security (in this paragraph referred to as the 

4 ‘Secretary’), the Commissioner of Social Secu5 rity shall disclose directly to officers, employees, 

6 and contractors of the Department of Home7 land Security— 

8 ‘‘(i) the taxpayer identity information 

9 of each person who has filed an informa10 tion return required by reason of section 

11 6051 after calendar year 2005 and before 

12 the date specified in subparagraph (D) 

13 which contains— 

14 ‘‘(I) 1 (or any greater number 

15 the Secretary shall request) taxpayer 

16 identifying number, name, and ad17 dress of any employee (within the 

18 meaning of such section) that did not 

19 match the records maintained by the 

20 Commissioner of Social Security, or 

21 ‘‘(II) 2 (or any greater number 

22 the Secretary shall request) names, 

23 and addresses of employees (within 

24 the meaning of such section), with the 

25 same taxpayer identifying number, 


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1 and the taxpayer identity of each such 

2 employee, and 

3 ‘‘(ii) the taxpayer identity of each per4 son who has filed an information return re5 quired by reason of section 6051 after cal6 endar year 2005 and before the date speci7 fied in subparagraph (D) which contains 

8 the taxpayer identifying number (assigned 

9 under section 6109) of an employee (within 

10 the meaning of section 6051)— 

11 ‘‘(I) who is under the age of 14 

12 (or any lesser age the Secretary shall 

13 request), according to the records 

14 maintained by the Commissioner of 

15 Social Security, 

16 ‘‘(II) whose date of death, ac17 cording to the records so maintained, 

18 occurred in a calendar year preceding 

19 the calendar year for which the infor20 mation return was filed, 

21 ‘‘(III) whose taxpayer identifying 

22 number is contained in more than one 

23 (or any greater number the Secretary 

24 shall request) information return filed 

25 in such calendar year, or 


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1 ‘‘(IV) who is not authorized to 

2 work in the United States, according 

3 to the records maintained by the 

4 Commissioner of Social Security, 

5 and the taxpayer identity and date of birth 

6 of each such employee. 

7 ‘‘(B) REIMBURSEMENT.—The Secretary 

8 shall transfer to the Commissioner the funds 

9 necessary to cover the additional cost directly 

10 incurred by the Commissioner in carrying out 

11 the searches or manipulations requested by the 

12 Secretary.’’. 

13 (2) COMPLIANCE BY DHS CONTRACTORS

14 WITH CONFIDENTIALITY SAFEGUARDS.— 

15 (A) IN GENERAL.—Section 6103(p) of 

16 such Code is amended by adding at the 

17 end the following new paragraph: 

18 ‘‘(9) DISCLOSURE TO DHS CONTRACTORS.— 

19 Notwithstanding any other provision of this section, 

20 no return or return information shall be disclosed to 

21 any contractor of the Department of Homeland Se22 curity unless such Department, to the satisfaction of 

23 the Secretary— 

24 ‘‘(A) has requirements in effect which re25 quire each such contractor which would have 


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1 access to returns or return information to pro2 vide safeguards (within the meaning of para3 graph (4)) to protect the confidentiality of such 

4 returns or return information, 

5 ‘‘(B) agrees to conduct an on-site review 

6 every 3 years (mid-point review in the case of 

7 contracts or agreements of less than 3 years in 

8 duration) of each contractor to determine com9 pliance with such requirements, 

10 ‘‘(C) submits the findings of the most re11 cent review conducted under subparagraph (B) 

12 to the Secretary as part of the report required 

13 by paragraph (4)(E), and 

14 ‘‘(D) certifies to the Secretary for the most 

15 recent annual period that such contractor is in 

16 compliance with all such requirements. 

17 The certification required by subparagraph (D) shall 

18 include the name and address of each contractor, a 

19 description of the contract or agreement with such 

20 contractor, and the duration of such contract or 

21 agreement.’’. 

22 (3) CONFORMING AMENDMENTS.— 

23 (A) Section 6103(a)(3) of such Code is 

24 amended by striking ‘‘or (20)’’ and inserting 

25 ‘‘(20), or (21)’’. 


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1 (B) Section 6103(p)(3)(A) of such Code is 

2 amended by adding at the end the following 

3 new sentence: ‘‘The Commissioner of Social Se4 curity shall provide to the Secretary such infor5 mation as the Secretary may require in carrying 

6 out this paragraph with respect to return infor7 mation inspected or disclosed under the author8 ity of subsection (l)(21).’’. 

9 (C) Section 6103(p)(4) of such Code is 

10 amended— 

11 (i) by striking ‘‘or (17)’’ both places it 

12 appears and inserting ‘‘(17), or (21)’’; and 

13 (ii) by striking ‘‘or (20)’’ each place it 

14 appears and inserting ‘‘(20), or (21)’’. 

15 (D) Section 6103(p)(8)(B) of such Code is 

16 amended by inserting ‘‘or paragraph (9)’’ after 

17 ‘‘subparagraph (A)’’. 

18 (E) Section 7213(a)(2) of such Code is 

19 amended by striking ‘‘or (20)’’ and inserting 

20 ‘‘(20), or (21)’’. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary of 

23 Homeland Security such sums as are necessary to carry 

24 out the amendments made by this section. 

25 (c) REPEAL OF REPORTING REQUIREMENTS.— 


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1 (1) REPORT ON EARNINGS OF ALIENS NOT AU2 THORIZED TO WORK.—Subsection (c) of section 290 

3 of the Immigration and Nationality Act (8 U.S.C. 

4 1360) is repealed. 

5 (2) REPORT ON FRAUDULENT USE OF SOCIAL

6 SECURITY ACCOUNT NUMBERS.—Subsection (b) of 

7 section 414 of the Illegal Immigration Reform and 

8 Immigrant Responsibility Act of 1996 (division C of 

9 Public Law 104–208; 8 U.S.C. 1360 note) is re10 pealed. 

11 (d) EFFECTIVE DATES.— 

12 (1) IN GENERAL.—The amendments made by 

13 subsection (a) shall apply to disclosures made after 

14 the date of the enactment of this Act. 

15 (2) CERTIFICATIONS.—The first certification 

16 under section 6103(p)(9)(D) of the Internal Revenue 

17 Code of 1986, as added by subsection (a)(2), shall 

18 be made with respect to calendar year 2007. 

19 (3) REPEALS.—The repeals made by subsection 

20 (c) shall take effect on the date of the enactment of 

21 this Act. 


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1 SEC. 6. RESPONSIBILITIES OF THE SOCIAL SECURITY AD2 MINISTRATION. 

3 Section 205(c)(12) of the Social Security Act, 42 

4 U.S.C. 405(c)(2), is amended by adding at the end the 

5 following new subparagraphs: 

6 ‘‘(I) RESPONSIBILITIES OF THE COMMIS7 SIONER OF SOCIAL SECURITY.— 

8 ‘‘(i) EMPLOYMENT VERIFICATION.— 

9 As part of the verification system, the 

10 Commissioner of Social Security shall, sub11 ject to the provisions of section 274A(d) of 

12 the Immigration and Nationality Act, es13 tablish a reliable, secure method that, op14 erating through the EEVS and within the 

15 time periods specified in section 274A(d) 

16 of the Immigration and Nationality Act: 

17 ‘‘(I) compares the name, Social 

18 Security account number and avail19 able citizenship information provided 

20 in an inquiry against such information 

21 maintained by the Commissioner in 

22 order to confirm (or not confirm) the 

23 validity of the information provided 

24 regarding an individual whose identity 

25 and employment eligibility must be 

26 confirmed; 


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1 ‘‘(II) the correspondence of the 

2 name, number, and any other identi3 fying information; 

4 ‘‘(III) whether the name and 

5 number belong to an individual who is 

6 deceased; 

7 ‘‘(IV) whether an individual is a 

8 national of the United States (when 

9 available); and 

10 ‘‘(V) whether the individual has 

11 presented a Social Security account 

12 number that is not valid for employ13 ment. 

14 The EEVS shall not disclose or release so15 cial security information to employers 

16 through the confirmation system (other 

17 than such confirmation or nonconfirma18 tion). 

19 ‘‘(ii) SOCIAL SECURITY ADMINISTRA20 TION DATABASE IMPROVEMENTS.—For 

21 purposes of preventing identity theft, pro22 tecting employees, and reducing burden on 

23 employers, and notwithstanding section 

24 6103 of title 26, United States Code, the 

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1 sultation with the Secretary, shall review 

2 the Social Security Administration data3 bases and information technology to iden4 tify any deficiencies and discrepancies re5 lated to name, birth date, citizenship sta6 tus, or death records of the Social Security 

7 accounts and Social Security account hold8 ers likely to contribute to fraudulent use of 

9 documents, or identity theft, or to affect 

10 the proper functioning of the EEVS or ac11 curacy of no-match notices and shall cor12 rect any identified errors. The Commis13 sioner shall ensure that a system for iden14 tifying and correcting such deficiencies and 

15 discrepancies is adopted to ensure the ac16 curacy of the Social Security Administra17 tion’s databases. 

18 ‘‘(iii) SOCIAL SECURITY UPDATE PUB19 LIC INFORMATION CAMPAIGN.—The Com20 missioner shall implement a public infor21 mation campaign explaining the impor22 tance of verifying the accuracy of a citi23 zen’s or other authorized Social Security 

24 card holder’s information in the Social Se25 curity Administration Database. 


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1 ‘‘(I) The campaign shall include 

2 information on how to verify that an 

3 individual’s record in the Social Secu4 rity Database is correct and make 

5 corrections if needed. 

6 ‘‘(II) The campaign shall target 

7 groups of individuals who are most 

8 likely to have outdated records, such 

9 as persons who have changed their 

10 name (such as may be the case in 

11 marriage or divorce), naturalized citi12 zens, and other groups of individuals 

13 identified by the Commissioner. 

14 ‘‘(III) In order to carry out the 

15 campaign under this paragraph, the 

16 Commissioner may, to the extent 

17 deemed appropriate and subject to the 

18 availability of appropriations, contract 

19 with public and private organizations 

20 for outreach activities under the cam21 paign. 

22 ‘‘(IV) There are authorized to be 

23 appropriated to carry out this para24 graph $10,000,000 for each fiscal 

25 year 2008 through 2010. 


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1 ‘‘(iv) NOTIFICATION TO ‘FREEZE’ USE

2 OF SOCIAL SECURITY NUMBER.—The Com3 missioner of Social Security, in consulta4 tion with the Secretary of Homeland Secu5 rity, shall establish a secure process where6 by an individual can request that the Com7 missioner preclude any confirmation under 

8 the EEVS based on that individual’s Social 

9 Security number until it is reactivated by 

10 that individual. 

11 ‘‘(v) SOCIAL SECURITY ADMINISTRA12 TION NO-MATCH RESOLUTION SUPPORT.— 

13 The Commissioner shall take necessary 

14 steps to ensure prompt final resolution or 

15 non-resolution of no-match notices when 

16 employees subject to such notices inquire 

17 about the no-match notice at an office of 

18 the Social Security Administration when19 ever possible.’’. 

20 SEC. 7. IMMIGRATION ENFORCEMENT SUPPORT BY THE IN21 TERNAL REVENUE SERVICE AND THE SOCIAL 

22 SECURITY ADMINISTRATION. 

23 (a) TIGHTENING REQUIREMENTS FOR THE PROVI24 SION OF SOCIAL SECURITY NUMBERS ON FORM W–2 

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1 ternal Revenue Code of 1986 (relating to waiver; defini2 tions and special rules) is amended by adding at the end 

3 the following new subsection: 

4 ‘‘(f) SPECIAL RULES WITH RESPECT TO SOCIAL SE5 CURITY NUMBERS ON WITHHOLDING EXEMPTION CER6 TIFICATES.— 

7 ‘‘(1) EMPLOYEE SOCIAL SECURITY ACCOUNT

8 NUMBER EXEMPTION.—Subsection (a) shall not 

9 apply with respect to the Social Security account 

10 number of an employee furnished under section 

11 6051(a)(2). 

12 ‘‘(2) EXCEPTION.— 

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

14 subparagraph (B), the exemption to reasonable 

15 cause waiver eligibility for employee Social Se16 curity account numbers shall not apply in any 

17 case in which the employer— 

18 ‘‘(i) receives confirmation that the dis19 crepancy described in section 205(c)(2)(I) 

20 of the Social Security Act has been re21 solved, or 

22 ‘‘(ii) corrects a clerical error made by 

23 the employer with respect to the Social Se24 curity account number of an employee 

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1 tion 205(c)(2)(1) of the Social Security 

2 Act that the Social Security account num3 ber contained in wage records provided to 

4 the Social Security Administration by the 

5 employer with respect to the employee does 

6 not match the Social Security account 

7 number of the employee contained in rel8 evant records otherwise maintained by the 

9 Social Security Administration. 

10 ‘‘(B) EXCEPTION NOT APPLICABLE TO

11 FREQUENT OFFENDERS.—Subparagraph (A) 

12 shall not apply— 

13 ‘‘(i) in any case in which not less than 

14 50 of the statements required to be made 

15 by an employer pursuant to section 6051 

16 either fail to include an employee’s social 

17 security account number or include an in18 correct Social Security account number, or 

19 ‘‘(ii) with respect to any employer who 

20 has received written notification under sec21 tion 205(c)(2)(1) of the Social Security 

22 Act during each of the 3 preceding taxable 

23 years that the social security account num24 bers in the wage records provided to the 

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1 ployer with respect to 10 more employees 

2 do not match relevant records otherwise 

3 maintained by the Social Security Adminis4 tration.’’. 

5 (b) ENFORCEMENT.— 

6 (1) IN GENERAL.—Not later than 90 days after 

7 the date of the enactment of this Act, the Secretary 

8 of the Treasury, in consultation with the Secretary 

9 of Homeland Security, shall establish a unit within 

10 the Criminal Investigation office of the Internal Rev11 enue Service to investigate violations of the Internal 

12 Revenue Code of 1986 related to the employment of 

13 individuals who are not authorized to work in the 

14 United States. 

15 (2) SPECIAL AGENTS; SUPPORT STAFF.—The 

16 Secretary of the Treasury shall assign to the unit a 

17 minimum of 10 full-time special agents and nec18 essary support staff and is authorized to employ up 

19 to 200 full time special agents for this unit based on 

20 investigative requirements and work load. 

21 (3) REPORTS.—During each of the first 5 cal22 endar years beginning after the establishment of 

23 such unit and biennially thereafter, the unit shall 

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1 tivities and includes the number of investigations 

2 and cases referred for prosecution. 

3 (c) INCREASE IN PENALTY ON EMPLOYER FAILING

4 TO FILE CORRECT INFORMATION RETURNS.—Section 

5 6721 of such Code (relating to failure to file correct infor6 mation returns) is amended as follows— 

7 (1) in subsection (a)(1)— 

8 (A) by striking ‘‘$50’’ and inserting 

9 ‘‘$200’’, and 

10 (B) by striking ‘‘$250,000’’ and inserting 

11 ‘‘$1,000,000’’, 

12 (2) in subsection (b)(1)(A), by striking ‘‘$15 in 

13 lieu of $50’’ and inserting ‘‘$60 in lieu of $200’’, 

14 (3) in subsection (b)(1)(B), by striking 

15 ‘‘$75,000’’ and inserting ‘‘$300,000’’, 

16 (4) in subsection (b)(2)(A), by striking ‘‘$30 in 

17 lieu of $50’’ and inserting ‘‘$120 in lieu of $200’’, 

18 (5) in subsection (b)(2)(B), by striking 

19 ‘‘$150,000’’ and inserting ‘‘$600,000’’, 

20 (6) in subsection (d)(A) in paragraph (1)— 

21 (A) by striking ‘‘ ‘$100,000’ for 

22 ‘$250,000’ ’’ and inserting ‘‘ ‘$400,000’ for 

23 ‘$1,000,000’ ’’ in subparagraph (A), 


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1 (B) by striking ‘‘ ‘$25,000’ for ‘$75,000’ ’’ 

2 and inserting ‘‘ ‘$100,000’ for ‘$300,000’ ’’ in 

3 subparagraph (B), and 

4 (C) by striking ‘‘ ‘$50,000’ for ‘$150,000’ ’’ 

5 and inserting ‘‘ ‘$200,000’ for ‘$600,000’ ’’ in 

6 subparagraph (C), 

7 (D) in paragraph (2)(A), by striking 

8 ‘‘$5,000,000’’ and inserting ‘‘$2,000,000’’, and 

9 (E) in the heading, by striking 

10 ‘‘$5,000,000’’ and inserting ‘‘$2,000,000’’, 

11 (7) in subsection (e)(2)— 

12 (A) by striking ‘‘$100’’ and inserting 

13 ‘‘$400’’, 

14 (B) by striking ‘‘$25,000’’ and inserting 

15 ‘‘$100,000’’ in subparagraph (C)(i), and 

16 (C) by striking ‘‘$100,000’’ and inserting 

17 ‘‘$400,000’’ in subparagraph (C)(ii), and 

18 (8) in subsection (e)(3)(A), by striking 

19 ‘‘$250,000’’ and inserting ‘‘$1,000,000’’. 

20 (d) EFFECTIVE DATE.—The amendments made by 

21 subsections (b) and (c) shall apply to failures occurring 

22 after enactment of this Act. 


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1 SEC. 8. ADDITIONAL WORKSITE ENFORCEMENT AND 

2 FRAUD DETECTION AGENTS. 

3 (a) INCREASE IN NUMBER OF PERSONNEL.—The 

4 Secretary shall, subject to the availability of appropria5 tions for such purpose, increase, by not less than 1,150, 

6 the number of personnel of the Bureau of Immigration 

7 and Customs Enforcement during the 5-year period begin8 ning on the date of the enactment of this Act for the pur9 pose of increasing enforcement of compliance with sections 

10 274A and 274C of the Immigration and Nationality Act 

11 (8 U.S.C. 1324a and 1324c). 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary for 

14 each of the fiscal years 2007 through 2011 such sums as 

15 may be necessary to carry out this section. 

16 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) There are authorized to be appropriated to the 

18 Secretary of Homeland Security such sums as may be nec19 essary to carry out the provisions of this Act, and the 

20 amendments made by this Act, including the following ap21 propriations: 

22 (1) In each of the five years beginning on the 

23 date of the enactment of this Act, the appropriations 

24 necessary to increase to a level not less than 4500 

25 the number of personnel of the Department of 

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1 cipally to an office or offices dedicated to monitoring 

2 and enforcing compliance with sections 274A and 

3 274C of the Immigration and Nationality Act (8 

4 U.S.C. 1324a and 1324c), including compliance with 

5 the requirements of the EEVS. These personnel 

6 shall perform the following compliance and moni7 toring activities: 

8 (A) Verify Employment Identification 

9 Numbers of employers participating in the 

10 EEVS. 

11 (B) Verify compliance of employers partici12 pating in the EEVS with the requirements for 

13 participation that are prescribed by the Sec14 retary. 

15 (C) Monitor the EEVS for multiple uses of 

16 Social Security Numbers and any immigration 

17 identification numbers for evidence that could 

18 indicate identity theft or fraud. 

19 (D) Monitor the EEVS to identify dis20 criminatory practices. 

21 (E) Monitor the EEVS to identify employ22 ers who are not using the system properly, in23 cluding employers who fail to make appropriate 

24 records with respect to their queries and any 


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1 notices of confirmation, nonconfirmation, or 

2 further action. 

3 (F) Identify instances where employees al4 lege that an employer violated their privacy 

5 rights. 

6 (G) Analyze and audit the use of the 

7 EEVS and the data obtained through the 

8 EEVS to identify fraud trends, including fraud 

9 trends across industries, geographical areas, or 

10 employer size. 

11 (H) Analyze and audit the use of the 

12 EEVS and the data obtained through the 

13 EEVS to develop compliance tools as necessary 

14 to respond to changing patterns of fraud. 

15 (I) Provide employers with additional 

16 training and other information on the proper 

17 use of the EEVS. 

18 (J) Perform threshold evaluation of cases 

19 for referral to the U.S. Immigration and Cus20 toms Enforcement and to liaise with the U.S. 

21 Immigration and Customs Enforcement with re22 spect to these referrals. 

23 (K) Any other compliance and monitoring 

24 activities that, in the Secretary’s judgment, are 


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1 necessary to ensure the functioning of the 

2 EEVS. 

3 (L) Investigate identity theft and fraud de4 tected through the EEVS and undertake the 

5 necessary enforcement actions. 

6 (M) Investigate use of fraudulent docu7 ments or access to fraudulent documents 

8 through local facilitation and undertake the 

9 necessary enforcement actions. 

10 (N) Provide support to the U.S. Citizen11 ship and Immigration Services with respect to 

12 the evaluation of cases for referral to the U.S. 

13 Immigration and Customs Enforcement. 

14 (O) Perform any other investigations that, 

15 in the Secretary’s judgment, are necessary to 

16 ensure the functioning of the EEVS, and un17 dertake any enforcement actions necessary as a 

18 result of these investigations. 

19 (2) The appropriations necessary to acquire, in20 stall and maintain technological equipment necessary 

21 to support the functioning of the EEVS and the 

22 connectivity between U.S. Citizenship and Immigra23 tion Services and the U.S. Immigration and Cus24 toms Enforcement with respect to the sharing of inVerDate Mar 15 2010 04:24 May 12, 2010 Jkt 089200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H5265.IH H5265

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1 formation to support the EEVS and related immi2 gration enforcement actions. 

3 (b) There are authorized to be appropriated to Com4 missioner of Social Security such sums as may be nec5 essary to carry out the provisions of this Act, including 

6 section 6 of this Act. 

Æ 


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