this Act shall not be liable for hiring an unauthor-
ized alien, if— 
(A) such hiring occurred due to an error in 
the E–Verify program that was unknown to the 
employer at the time of such hiring; and 
(B) the employer terminates the employ-
ment of the alien upon being informed of the 
error. 
(6) SANCTIONS
FOR
NONCOMPLIANCE.—The 
failure of an employer to comply with the require-
ments in paragraphs (1) or (4) shall— 
(A) be treated as a violation of section 
274A(a)(1)(B) with respect to each offense; and 
(B) create a rebuttable presumption that 
the 
employer 
has 
violated 
section 
274A(a)(1)(A). 
(7) VOLUNTARY PARTICIPATION OF EMPLOYERS 
NOT
IMMEDIATELY
SUBJECT
TO
REQUIREMENT.— 
Nothing in this subsection shall be construed as pre-
venting a person or other entity that is not imme-
diately subject to the requirement of paragraph (1) 
pursuant to paragraph (2) or (3) from voluntarily 
using the E–Verify program to verify the employ-
ment authorization of new hires or current employ-
ees. 
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(8) STATE
INTERFERENCE.—No State may 
prohibit a person or other entity from using the E– 
Verify program to verify the employment authoriza-
tion of new hires or current employees. 
(9) E–VERIFY STUDY.— 
(A) FINDINGS.—The Congress finds as fol-
lows: 
(i) A majority of the 0.4 percent of 
tentative non-confirmations that are issued 
within E–Verify to work authorized indi-
viduals occur due to incorrect or outdated 
information in the databases utilized by 
the system. For instance, an individual 
may have changed his or her name legally 
but has not updated their Social Security 
information to account for this change. 
This person would likely receive a tentative 
non-confirmation if their work eligibility 
were checked using E–Verify. 
(ii) E–Verify already provides employ-
ers and employees with simple and clear 
instructions on how inconsistencies in data 
can be corrected in order to verify the 
work eligibility of an employee. However, 
giving an individual the ability to verify his 
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or her own employment eligibility in ad-
vance of an official E–Verify query by an 
employer would allow that individual to 
correct data errors at his or her conven-
ience. This may also serve to lessen peak 
demand on Social Security Administration 
field offices. 
(B) STUDY.—The Government Account-
ability Office shall conduct a study to examine 
the potential of a secure method of allowing in-
dividuals to check their own work eligibility, so 
that they can address inconsistencies in their 
personal data that might otherwise cause them 
to be issued a tentative non-confirmation by E– 
Verify. The study shall be published within 6 
months after the date of enactment of this Act. 
(10) DOCUMENT FRAUD STUDY.—The Govern-
ment Accountability Office shall conduct a study to 
examine methods to combat document fraud, theft 
and forgery in the use and expansion of the E– 
Verify program. The report shall make recommenda-
tions to the appropriate agencies on ways to reduce 
instances of document fraud, theft and forgery. The 
report shall be published within six months after en-
actment of this Act. 
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SEC. 202. MONITORING AND COMPLIANCE. 
(a) ENHANCING MONITORING AND COMPLIANCE OF 
E–VERIFY.—The Secretary of the Department of Home-
land Security is authorized take the following actions to 
increase the capability and effectiveness of the E–Verify 
employer Monitoring and Compliance team within Citizen-
ship and Immigration Services: 
(1) Increase by no more than 6 the number of 
fulltime employees dedicated to the development of 
thresholds and algorithms and quality assurance 
procedures for the monitoring of employer adherence 
to the conditions that are currently outlined in the 
E–Verify Memorandum of Understanding. 
(2) Increase as necessary the number of 
fulltime employees dedicated to outreach to employ-
ers using E–Verify and the creation of informational 
tools and corrective action procedures that will pro-
vide compliance assistance to these employers. These 
employees may also be utilized in the operation of 
the toll free compliance assistance call center. 
(3) Establish procedures for the identification 
of cases of potential fraud or misuse of E–Verify. 
(4) Establish procedures for the sharing of in-
formation on these selected cases with Immigration 
and Customs Enforcement for further investigation 
as necessary. 
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(5) Report to Congress within one year of the 
date of enactment of this Act on the activities of the 
Office of Monitoring and Compliance which shall in-
clude— 
(A) a description of the types of fraud and 
misuse being detected by the thresholds and al-
gorithms used for employee monitoring within 
the Office; 
(B) the number and type of cases flagged 
by the Office and referred to Immigration and 
Customs Enforcement, as well as the outcome 
of these cases; and 
(C) an assessment of the number and the 
nature of calls received by the compliance as-
sistance call center. 
SEC. 203. MANDATORY NOTIFICATION OF SSN MISMATCHES 
AND MULTIPLE USES. 
(a) NOTIFICATION
OF MULTIPLE USES
OF INDI-
VIDUAL SOCIAL SECURITY NUMBERS.—Prior to crediting 
any individual with concurrent earnings from more than 
one employer, the Commissioner of Social Security shall 
notify the individual that earnings from two or more em-
ployers are being reported under the individual’s Social 
Security account number (SSN). Such notice shall include, 
at a minimum— 
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