or 1 year after the date the individual’s 
employment is terminated. 
‘‘(3) PREVIOUSLY HIRED INDIVIDUALS.— 
‘‘(A) ON A MANDATORY BASIS FOR CER-
TAIN EMPLOYEES.— 
‘‘(i) IN GENERAL.—Not later than the 
date that is 6 months after the date of the 
enactment of the Legal Workforce Act, an 
employer shall make an inquiry, as pro-
vided 
in 
subsection 
(d), 
using 
the 
verification system to seek verification of 
the identity and employment eligibility of 
any individual described in clause (ii) em-
ployed by the employer whose employment 
eligibility has not been verified under the 
E–Verify Program described in section 
403(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note). 
‘‘(ii) INDIVIDUALS
DESCRIBED.—An 
individual described in this clause is any of 
the following: 
‘‘(I) An employee of any unit of 
a Federal, State, or local government. 
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‘‘(II) An employee who requires a 
Federal security clearance working in 
a Federal, State or local government 
building, a military base, a nuclear 
energy site, a weapons site, or an air-
port or other facility that requires 
workers to carry a Transportation 
Worker 
Identification 
Credential 
(TWIC). 
‘‘(III) An employee assigned to 
perform work in the United States 
under a Federal contract, except that 
this subclause— 
‘‘(aa) is not applicable to in-
dividuals who have a clearance 
under Homeland Security Presi-
dential Directive 12 (HSPD 12 
clearance), are administrative or 
overhead personnel, or are work-
ing solely on contracts that pro-
vide Commercial Off The Shelf 
goods or services as set forth by 
the Federal Acquisition Regu-
latory Council, unless they are 
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subject to verification under sub-
clause (II); and 
‘‘(bb) only applies to con-
tracts over the simple acquisition 
threshold as defined in section 
2.101 of title 48, Code of Federal 
Regulations. 
‘‘(B) ON A MANDATORY BASIS FOR MUL-
TIPLE USERS OF SAME SOCIAL SECURITY AC-
COUNT NUMBER.—In the case of an employer 
who is required by this subsection to use the 
verification system described in subsection (d), 
or has elected voluntarily to use such system, 
the employer shall make inquiries to the system 
in accordance with the following: 
‘‘(i) The Commissioner of Social Secu-
rity shall notify annually employees (at the 
employee address listed on the Wage and 
Tax Statement) who submit a social secu-
rity account number to which more than 
one employer reports income and for which 
there is a pattern of unusual multiple use. 
The notification letter shall identify the 
number of employers to which income is 
being reported as well as sufficient infor-
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mation notifying the employee of the proc-
ess to contact the Social Security Adminis-
tration Fraud Hotline if the employee be-
lieves the employee’s identity may have 
been stolen. The notice shall not share in-
formation protected as private, in order to 
avoid any recipient of the notice from 
being in the position to further commit or 
begin committing identity theft. 
‘‘(ii) If the person to whom the social 
security account number was issued by the 
Social Security Administration has been 
identified and confirmed by the Commis-
sioner, and indicates that the social secu-
rity account number was used without 
their knowledge, the Secretary and the 
Commissioner shall lock the social security 
account number for employment eligibility 
verification purposes and shall notify the 
employers of the individuals who wrong-
fully submitted the social security account 
number that the employee may not be 
work eligible. 
‘‘(iii) Each employer receiving such 
notification of an incorrect social security 
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account number under clause (ii) shall use 
the verification system described in sub-
section (d) to check the work eligibility sta-
tus of the applicable employee within 10 
business days of receipt of the notification. 
‘‘(C) ON A VOLUNTARY BASIS.—Subject to 
paragraph (2), and subparagraphs (A) through 
(C) of this paragraph, beginning on the date 
that is 30 days after the date of the enactment 
of the Legal Workforce Act, an employer may 
make an inquiry, as provided in subsection (d), 
using the verification system to seek verification 
of the identity and employment eligibility of any 
individual employed by the employer. If an em-
ployer chooses voluntarily to seek verification of 
any individual employed by the employer, the 
employer shall seek verification of all individ-
uals employed at the same geographic location 
or, at the option of the employer, all individuals 
employed within the same job category, as the 
employee with respect to whom the employer 
seeks voluntarily to use the verification system. 
An employer’s decision about whether or not 
voluntarily to seek verification of its current 
workforce under this subparagraph may not be 
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considered by any government agency in any 
proceeding, investigation, or review provided for 
in this Act. 
‘‘(D) VERIFICATION.—Paragraph (1)(C)(ii) 
shall apply to verifications pursuant to this 
paragraph on the same basis as it applies to 
verifications pursuant to paragraph (1), except 
that employers shall— 
‘‘(i) use a form designated or estab-
lished by the Secretary by regulation for 
purposes of this paragraph; and 
‘‘(ii) retain a paper, microfiche, micro-
film, or electronic version of the form and 
make it available for inspection by officers 
of the Department of Homeland Security, 
the Department of Justice, or the Depart-
ment of Labor during the period beginning 
on the date the verification commences and 
ending on the date that is the later of 3 
years after the date of such verification or 
1 year after the date the individual’s em-
ployment is terminated. 
‘‘(4) EARLY COMPLIANCE.— 
‘‘(A) FORMER E–VERIFY REQUIRED USERS, 
INCLUDING FEDERAL CONTRACTORS.—Notwith-
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