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. 
‘‘(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 
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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 
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), 
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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-
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 
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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 
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 
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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 
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 ap-
plies 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 
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‘‘(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-
standing the deadlines in paragraphs (1) and 
(2), beginning on the date of the enactment of 
the Legal Workforce Act, the Secretary is au-
thorized to commence requiring employers re-
quired to participate in the E-Verify Program 
described in section 403(a) of the Illegal Immi-
gration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note), including 
employers required to participate in such pro-
gram by reason of Federal acquisition laws 
(and regulations promulgated under those laws, 
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including the Federal Acquisition Regulation), 
to commence compliance with the requirements 
of this subsection (and any additional require-
ments of such Federal acquisition laws and reg-
ulation) in lieu of any requirement to partici-
pate in the E-Verify Program. 
‘‘(B) 
FORMER
E-VERIFY
VOLUNTARY 
USERS AND OTHERS DESIRING EARLY COMPLI-
ANCE.—Notwithstanding the deadlines in para-
graphs (1) and (2), beginning on the date of 
the enactment of the Legal Workforce Act, the 
Secretary shall provide for the voluntary com-
pliance with the requirements of this subsection 
by employers voluntarily electing to participate 
in 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) before such date, as well as by 
other employers seeking voluntary early compli-
ance. 
‘‘(5) 
COPYING
OF
DOCUMENTATION
PER-
MITTED.—Notwithstanding any other provision of 
law, the person or entity may copy a document pre-
sented by an individual pursuant to this subsection 
and may retain the copy, but only (except as other-
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wise permitted under law) for the purpose of com-
plying with the requirements of this subsection. 
‘‘(6) LIMITATION ON USE OF FORMS.—A form 
designated or established by the Secretary of Home-
land Security under this subsection and any infor-
mation contained in or appended to such form, may 
not be used for purposes other than for enforcement 
of this Act and any other provision of Federal crimi-
nal law. 
‘‘(7) GOOD FAITH COMPLIANCE.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this subsection, a person or entity 
is considered to have complied with a require-
ment of this subsection notwithstanding a tech-
nical or procedural failure to meet such require-
ment if there was a good faith attempt to com-
ply with the requirement. 
‘‘(B) EXCEPTION IF FAILURE TO CORRECT 
AFTER
NOTICE.—Subparagraph (A) shall not 
apply if— 
‘‘(i) the failure is not de minimus; 
‘‘(ii) the Secretary of Homeland Secu-
rity has explained to the person or entity 
the basis for the failure and why it is not 
de minimus; 
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‘‘(iii) the person or entity has been 
provided a period of not less than 30 cal-
endar days (beginning after the date of the 
explanation) within which to correct the 
failure; and 
‘‘(iv) the person or entity has not cor-
rected the failure voluntarily within such 
period. 
‘‘(C) EXCEPTION FOR PATTERN OR PRAC-
TICE VIOLATORS.—Subparagraph (A) shall not 
apply to a person or entity that has or is engag-
ing in a pattern or practice of violations of sub-
section (a)(1)(A) or (a)(2). 
‘‘(8) SINGLE EXTENSION OF DEADLINES UPON 
CERTIFICATION.—In a case in which the Secretary 
of Homeland Security has certified to the Congress 
that the employment eligibility verification system 
required under subsection (d) will not be fully oper-
ational by the date that is 6 months after the date 
of the enactment of the Legal Workforce Act, each 
deadline established under this section for an em-
ployer to make an inquiry using such system shall 
be extended by 6 months. No other extension of such 
a deadline shall be made except as authorized under 
paragraph (1)(D)(iv).’’. 
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(b) DATE OF HIRE.—Section 274A(h) of the Immi-
gration and Nationality Act (8 U.S.C. 1324a(h)) is 
amended by adding at the end the following: 
‘‘(4) DEFINITION OF DATE OF HIRE.—As used 
in this section, the term ‘date of hire’ means the 
date of actual commencement of employment for 
wages or other remuneration, unless otherwise speci-
fied.’’. 
SEC. 3. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM. 
Section 274A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(d)) is amended to read as follows: 
‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM.— 
‘‘(1) IN GENERAL.—Patterned on the employ-
ment eligibility confirmation system established 
under section 404 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note), the Secretary of Homeland Security 
shall establish and administer a verification system 
through which the Secretary (or a designee of the 
Secretary, which may be a nongovernmental enti-
ty)— 
‘‘(A) responds to inquiries made by per-
sons at any time through a toll-free telephone 
line and other toll-free electronic media con-
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cerning an individual’s identity and whether the 
individual is authorized to be employed; and 
‘‘(B) maintains records of the inquiries 
that were made, of verifications provided (or 
not provided), and of the codes provided to in-
quirers as evidence of their compliance with 
their obligations under this section. 
‘‘(2) INITIAL RESPONSE.—The verification sys-
tem shall provide confirmation or a tentative non-
confirmation of an individual’s identity and employ-
ment eligibility within 3 working days of the initial 
inquiry. If providing confirmation or tentative non-
confirmation, the verification system shall provide an 
appropriate code indicating such confirmation or 
such nonconfirmation. 
‘‘(3) SECONDARY CONFIRMATION PROCESS IN 
CASE OF TENTATIVE NONCONFIRMATION.—In cases 
of tentative nonconfirmation, the Secretary shall 
specify, in consultation with the Commissioner of 
Social Security, an available secondary verification 
process to confirm the validity of information pro-
vided and to provide a final confirmation or noncon-
firmation not later than 10 working days after the 
date on which the notice of the tentative noncon-
firmation is received by the employee. The Secretary, 
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in consultation with the Commissioner, may extend 
this deadline once on a case-by-case basis for a pe-
riod of 10 working days, and if the time is extended, 
shall document such extension within the verification 
system. The Secretary, in consultation with the 
Commissioner, shall notify the employee and em-
ployer of such extension. The Secretary, in consulta-
tion with the Commissioner, shall create a standard 
process of such extension and notification and shall 
make a description of such process available to the 
public. When final confirmation or nonconfirmation 
is provided, the verification system shall provide an 
appropriate code indicating such confirmation or 
nonconfirmation. 
‘‘(4) DESIGN AND OPERATION OF SYSTEM.— 
The verification system shall be designed and oper-
ated— 
‘‘(A) to maximize its reliability and ease of 
use by persons and other entities consistent 
with insulating and protecting the privacy and 
security of the underlying information; 
‘‘(B) to respond to all inquiries made by 
such persons and entities on whether individ-
uals are authorized to be employed and to reg-
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ister all times when such inquiries are not re-
ceived; 
‘‘(C) with appropriate administrative, tech-
nical, and physical safeguards to prevent unau-
thorized disclosure of personal information; 
‘‘(D) to have reasonable safeguards against 
the system’s resulting in unlawful discrimina-
tory practices based on national origin or citi-
zenship status, including— 
‘‘(i) the selective or unauthorized use 
of the system to verify eligibility; or 
‘‘(ii) the exclusion of certain individ-
uals from consideration for employment as 
a result of a perceived likelihood that addi-
tional verification will be required, beyond 
what is required for most job applicants; 
‘‘(E) to maximize the prevention of iden-
tity theft use in the system; and 
‘‘(F) to limit the subjects of verification to 
the following individuals: 
‘‘(i) Individuals hired, referred, or re-
cruited, in accordance with paragraph (1) 
or (4) of subsection (b). 
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‘‘(ii) Employees and prospective em-
ployees, in accordance with paragraph (1), 
(2), (3), or (4) of subsection (b). 
‘‘(iii) Individuals seeking to confirm 
their own employment eligibility on a vol-
untary basis. 
‘‘(5) RESPONSIBILITIES OF COMMISSIONER OF 
SOCIAL SECURITY.—As part of the verification sys-
tem, the Commissioner of Social Security, in con-
sultation with the Secretary of Homeland Security 
(and any designee of the Secretary selected to estab-
lish and administer the verification system), shall es-
tablish a reliable, secure method, which, within the 
time periods specified under paragraphs (2) and (3), 
compares the name and social security account num-
ber provided in an inquiry against such information 
maintained by the Commissioner in order to validate 
(or not validate) the information provided regarding 
an individual whose identity and employment eligi-
bility must be confirmed, the correspondence of the 
name and number, and whether the individual has 
presented a social security account number that is 
not valid for employment. The Commissioner shall 
not disclose or release social security information 
(other than such confirmation or nonconfirmation) 
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under the verification system except as provided for 
in this section or section 205(c)(2)(I) of the Social 
Security Act. 
‘‘(6) RESPONSIBILITIES
OF
SECRETARY
OF 
HOMELAND SECURITY.—As part of the verification 
system, the Secretary of Homeland Security (in con-
sultation with any designee of the Secretary selected 
to establish and administer the verification system), 
shall establish a reliable, secure method, which, with-
in the time periods specified under paragraphs (2) 
and (3), compares the name and alien identification 
or authorization number (or any other information 
as determined relevant by the Secretary) which are 
provided in an inquiry against such information 
maintained or accessed by the Secretary in order to 
validate (or not validate) the information provided, 
the correspondence of the name and number, wheth-
er the alien is authorized to be employed in the 
United States, or to the extent that the Secretary 
determines to be feasible and appropriate, whether 
the records available to the Secretary verify the 
identity or status of a national of the United States. 
‘‘(7) UPDATING INFORMATION.—The Commis-
sioner of Social Security and the Secretary of Home-
land Security shall update their information in a 
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manner that promotes the maximum accuracy and 
shall provide a process for the prompt correction of 
erroneous information, including instances in which 
it is brought to their attention in the secondary 
verification process described in paragraph (3). 
‘‘(8) 
LIMITATION
ON
USE
OF
THE 
VERIFICATION
SYSTEM
AND
ANY
RELATED
SYS-
TEMS.— 
‘‘(A) 
NO
NATIONAL
IDENTIFICATION 
CARD.—Nothing in this section shall be con-
strued to authorize, directly or indirectly, the 
issuance or use of national identification cards 
or the establishment of a national identification 
card. 
‘‘(B) CRITICAL
INFRASTRUCTURE.—The 
Secretary may authorize or direct any person or 
entity responsible for granting access to, pro-
tecting, securing, operating, administering, or 
regulating part of the critical infrastructure (as 
defined in section 1016(e) of the Critical Infra-
structure Protection Act of 2001 (42 U.S.C. 
5195c(e))) to use the verification system to the 
extent the Secretary determines that such use 
will assist in the protection of the critical infra-
structure. 
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‘‘(9) REMEDIES.—If an individual alleges that 
the individual would not have been dismissed from 
a job but for an error of the verification mechanism, 
the individual may seek compensation only through 
the mechanism of the Federal Tort Claims Act, and 
injunctive relief to correct such error. No class ac-
tion may be brought under this paragraph.’’. 
SEC. 4. RECRUITMENT, REFERRAL, AND CONTINUATION OF 
EMPLOYMENT. 
(a) ADDITIONAL CHANGES TO RULES FOR RECRUIT-
MENT, REFERRAL, AND CONTINUATION
OF EMPLOY-
MENT.—Section 274A(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(a)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘for a fee’’; 
(2) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) to hire, continue to employ, or to re-
cruit or refer for employment in the United 
States an individual without complying with the 
requirements of subsection (b).’’; and 
(3) in paragraph (2), by striking ‘‘after hiring 
an alien for employment in accordance with para-
graph (1),’’ and inserting ‘‘after complying with 
paragraph (1),’’. 
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