209 
censing and similar laws as a penalty for failure to 
use the System as required under this section. 
‘‘(g) UNFAIR IMMIGRATION-RELATED EMPLOYMENT 
PRACTICES AND THE SYSTEM.— 
‘‘(1) IN GENERAL.—In addition to the prohibi-
tions on discrimination set forth in section 274B, it 
is an unfair immigration-related employment prac-
tice for a person or entity, in the course of utilizing 
the System— 
‘‘(A) to use the System for screening an 
applicant prior to the date of hire; 
‘‘(B) to terminate the employment of an 
individual or take any adverse employment ac-
tion with respect to that individual due to a 
tentative nonconfirmation issued by the System; 
‘‘(C) to use the System to screen any indi-
vidual for any purpose other than confirmation 
of identity and employment authorization as 
provided in this section; 
‘‘(D) to use the System to verify the iden-
tity and employment authorization of a current 
employee, including an employee continuing in 
employment, other than reverification author-
ized under subsection (c);
210 
‘‘(E) to use the System to discriminate 
based on national origin or citizenship status; 
‘‘(F) to willfully fail to provide an indi-
vidual with any notice required under this title; 
‘‘(G) to require an individual to make an 
inquiry under the self-verification procedures 
described in subsection (a)(4)(B) or to provide 
the results of such an inquiry as a condition of 
employment, or hiring, recruiting, or referring; 
or 
‘‘(H) to terminate the employment of an 
individual or take any adverse employment ac-
tion with respect to that individual based upon 
the need to verify the identity and employment 
authorization of the individual as required by 
subsection (b). 
‘‘(2) PREEMPLOYMENT SCREENING AND BACK-
GROUND
CHECK.—Nothing in paragraph (1)(A) 
shall be construed to preclude a preemployment 
screening or background check that is required or 
permitted under any other provision of law. 
‘‘(3) CIVIL MONEY PENALTIES FOR DISCRIMINA-
TORY
CONDUCT.—Notwithstanding 
section 
274B(g)(2)(B)(iv), the penalties that may be im-
posed by an administrative law judge with respect to
211 
a finding that a person or entity has engaged in an 
unfair immigration-related employment practice de-
scribed in paragraph (1) are— 
‘‘(A) not less than $1,000 and not more 
than $4,000 for each individual discriminated 
against; 
‘‘(B) in the case of a person or entity pre-
viously subject to a single order under this 
paragraph, not less than $4,000 and not more 
than $10,000 for each individual discriminated 
against; and 
‘‘(C) in the case of a person or entity pre-
viously subject to more than one order under 
this paragraph, not less than $6,000 and not 
more than $20,000 for each individual discrimi-
nated against. 
‘‘(4) ELECTRONIC
VERIFICATION
COMPENSA-
TION
ACCOUNT.—Civil money penalties collected 
under this subsection shall be deposited in the Elec-
tronic Verification Compensation Account for the 
purpose of compensating individuals for lost wages 
as a result of a final nonconfirmation issued by the 
System that was based on government error or omis-
sion, as set forth in subsection (b)(4)(F)(ii)(IV).
212 
‘‘(h) CLARIFICATION.—All rights and remedies pro-
vided under any Federal, State, or local law relating to 
workplace rights, including but not limited to back pay, 
are available to an employee despite— 
‘‘(1) the employee’s status as an unauthorized 
alien during or after the period of employment; or 
‘‘(2) the employer’s or employee’s failure to 
comply with the requirements of this section. 
‘‘(i) DEFINITION.—In this section, the term ‘date of 
hire’ means the date on which employment for pay or 
other remuneration commences.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Immigration and Nationality Act is amended 
by inserting after the item relating to section 274D the 
following: 
‘‘Sec. 274E. Requirements for the electronic verification of employment eligi-
bility.’’. 
SEC. 302. MANDATORY ELECTRONIC VERIFICATION FOR 
THE AGRICULTURAL INDUSTRY. 
(a) IN GENERAL.—The requirements for the elec-
tronic verification of identity and employment authoriza-
tion described in section 274E of the Immigration and Na-
tionality Act, as inserted by section 301 of this Act, shall 
apply to a person or entity hiring, recruiting, or referring 
for a fee an individual for agricultural employment in the
213 
United States in accordance with the effective dates set 
forth in subsection (b). 
(b) EFFECTIVE DATES.— 
(1) HIRING.—Subsection (a) shall apply to a 
person or entity hiring an individual for agricultural 
employment in the United States as follows: 
(A) With respect to employers having 500 
or more employees in the United States on the 
date of the enactment of this Act, on the date 
that is 6 months after completion of the appli-
cation period described in section 101(c). 
(B) With respect to employers having 100 
or more employees in the United States (but 
less than 500 such employees) on the date of 
the enactment of this Act, on the date that is 
9 months after completion of the application pe-
riod described in section 101(c). 
(C) With respect to employers having 20 
or more employees in the United States (but 
less than 100 such employees) on the date of 
the enactment of this Act, on the date that is 
12 months after completion of the application 
period described in section 101(c). 
(D) With respect to employers having one 
or more employees in the United States, (but
214 
less than 20 such employees) on the date of the 
enactment of this Act, on the date that is 15 
months after completion of the application pe-
riod described in section 101(c). 
(2) RECRUITING AND REFERRING FOR A FEE.— 
Subsection (a) shall apply to a person or entity re-
cruiting or referring for a fee an individual for agri-
cultural employment in the United States on the 
date that is 12 months after completion of the appli-
cation period described in section 101(c). 
(3) TRANSITION
RULE.—Except as required 
under subtitle A of title IV of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note) (as in effect on the day 
before the effective date described in section 
303(a)(4)), Executive Order No. 13465 (8 U.S.C. 
1324a note; relating to Government procurement), 
or any State law requiring persons or entities to use 
the E–Verify Program described in section 403(a) of 
the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1324a note) (as 
in effect on the day before the effective date de-
scribed in section 303(a)(4)), sections 274A and 
274B of the Immigration and Nationality Act (8 
U.S.C. 1324a and 1324b) shall apply to a person or
215 
entity hiring, recruiting, or referring an individual 
for employment in the United States until the appli-
cable effective date under this subsection. 
(4) E–VERIFY VOLUNTARY USERS AND OTHERS 
DESIRING
EARLY
COMPLIANCE.—Nothing in this 
subsection shall be construed to prohibit persons or 
entities, including persons or entities that have vol-
untarily elected to participate in the E–Verify Pro-
gram described in section 403(a) of the Illegal Im-
migration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1324a note) (as in effect on the 
day before the effective date described in section 
303(a)(4)), from seeking early compliance on a vol-
untary basis. 
(c) RURAL ACCESS TO ASSISTANCE FOR TENTATIVE 
NONCONFIRMATION REVIEW PROCESS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall coordinate with the Secretary of Agri-
culture, in consultation with the Commissioner of 
Social Security, to create a process for individuals to 
seek assistance in contesting a tentative noncon-
firmation as described in section 274E(b)(4)(D) of 
the Immigration and Nationality Act, as inserted by 
section 301 of this Act, at local offices or service 
centers of the U.S. Department of Agriculture.
216 
(2) STAFFING
AND
RESOURCES.—The Sec-
retary of Homeland Security and Secretary of Agri-
culture shall ensure that local offices and service 
centers of the U.S. Department of Agriculture are 
staffed appropriately and have the resources nec-
essary to provide information and support to individ-
uals seeking the assistance described in paragraph 
(1), including by facilitating communication between 
such individuals and the Department of Homeland 
Security or the Social Security Administration. 
(3) CLARIFICATION.—Nothing in this sub-
section shall be construed to delegate authority or 
transfer responsibility for reviewing and resolving 
tentative nonconfirmations from the Secretary of 
Homeland Security and the Commissioner of Social 
Security to the Secretary of Agriculture. 
(d) DOCUMENT ESTABLISHING EMPLOYMENT AU-
THORIZATION AND IDENTITY.—In accordance with section 
274E(b)(3)(A)(vii) of the Immigration and Nationality 
Act, as inserted by section 301 of this Act, and not later 
than 12 months after the completion of the application 
period described in section 101(c) of this Act, the Sec-
retary of Homeland Security shall recognize documentary 
evidence of certified agricultural worker status described 
in section 102(a)(2) of this Act as valid proof of employ-
217 
ment authorization and identity for purposes of section 
274E(b)(3)(A) of the Immigration and Nationality Act, 
as inserted by section 301 of this Act. 
(e) AGRICULTURAL EMPLOYMENT.—For purposes of 
this section, the term ‘‘agricultural employment’’ means 
agricultural labor or services, as defined by section 
101(a)(15)(H)(ii) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(H)(ii)), as amended by this Act. 
SEC. 303. COORDINATION WITH E–VERIFY PROGRAM. 
(a) REPEAL.— 
(1) IN GENERAL.—Subtitle A of title IV of the 
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (8 U.S.C. 1324a note) is re-
pealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions, in section 1(d) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996, is 
amended by striking the items relating to subtitle A 
of title IV. 
(3) REFERENCES.—Any reference in any Fed-
eral, State, or local law, Executive order, rule, regu-
lation, or delegation of authority, or any document 
of, or pertaining to, the Department of Homeland 
Security, Department of Justice, or the Social Secu-
rity Administration, to the E–Verify Program de-
218 
scribed in section 403(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note), or to the employment eligi-
bility confirmation system established under section 
404 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1324a 
note), is deemed to refer to the employment eligi-
bility confirmation system established under section 
274E of the Immigration and Nationality Act, as in-
serted by section 301 of this Act. 
(4) EFFECTIVE
DATE.—This subsection, and 
the amendments made by this subsection, shall take 
effect on the date that is 30 days after the date on 
which final rules are published under section 309(a). 
(b) FORMER E–VERIFY MANDATORY USERS, IN-
CLUDING FEDERAL CONTRACTORS.—Beginning on the ef-
fective date in subsection (a)(4), the Secretary of Home-
land Security shall require employers required to partici-
pate in the E–Verify Program described in section 403(a) 
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (8 U.S.C. 1324a note) by reason of 
any Federal, State, or local law, Executive order, rule, reg-
ulation, or delegation of authority, including employers re-
quired to participate in such program by reason of Federal 
acquisition laws (and regulations promulgated under those
219 
laws, including the Federal Acquisition Regulation), to 
comply with the requirements of section 274E of the Im-
migration and Nationality Act, as inserted by section 301 
of this Act (and any additional requirements of such Fed-
eral acquisition laws and regulation) in lieu of any require-
ment to participate in the E–Verify Program. 
(c) FORMER E–VERIFY VOLUNTARY USERS.—Begin-
ning on the effective date in subsection (a)(4), the Sec-
retary of Homeland Security shall provide for the vol-
untary compliance with the requirements of section 274E 
of the Immigration and Nationality Act, as inserted by 
section 301 of this Act, by employers voluntarily electing 
to participate in the E–Verify Program described in sec-
tion 403(a) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
before such date. 
SEC. 304. FRAUD AND MISUSE OF DOCUMENTS. 
Section 1546(b) of title 18, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘identification 
document,’’ and inserting ‘‘identification document 
or document meant to establish employment author-
ization,’’; 
(2) in paragraph (2), by striking ‘‘identification 
document’’ and inserting ‘‘identification document or
220 
document meant to establish employment authoriza-
tion,’’; and 
(3) in the matter following paragraph (3) by in-
serting 
‘‘or 
section 
274E(b)’’ 
after 
‘‘section 
274A(b)’’. 
SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) UNLAWFUL EMPLOYMENT OF ALIENS.—Section 
274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended— 
(1) in paragraph (1)(B)(ii) of subsection (a), by 
striking ‘‘subsection (b).’’ and inserting ‘‘section 
274B.’’; and 
(2) in the matter preceding paragraph (1) of 
subsection (b), by striking ‘‘The requirements re-
ferred’’ and inserting ‘‘Except as provided in section 
274E, the requirements referred’’. 
(b) UNFAIR IMMIGRATION-RELATED EMPLOYMENT 
PRACTICES.—Section 274B(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1324b(a)(1)) is amended in the 
matter preceding subparagraph (A), by inserting ‘‘includ-
ing misuse of the verification system as described in sec-
tion 274E(g)’’ after ‘‘referral for a fee,’’.