133 
order to validate (or not validate) the informa-
tion provided, the correspondence of the name 
and number, and whether the alien is author-
ized to be employed in the United States. 
‘‘(ii) When a single employer has sub-
mitted to the verification system pursuant to 
paragraph (3)(A) the identical social security 
account number in more than one instance, or 
when multiple employers have submitted to the 
verification system pursuant to such paragraph 
the identical social security account number, in 
a manner which indicates the possible fraudu-
lent use of that number, the Secretary of 
Homeland Security shall conduct an investiga-
tion in order to ensure that no fraudulent use 
of a social security account number has taken 
place. If the Secretary has selected a designee 
to establish and administer the verification sys-
tem, the designee shall notify the Secretary 
when a single employer has submitted to the 
verification system pursuant to paragraph 
(3)(A) the identical social security account 
number in more than one instance, or when 
multiple employers have submitted to the 
verification system pursuant to such paragraph
134 
the identical social security account number, in 
a manner which indicates the possible fraudu-
lent use of that number. The designee shall also 
provide the Secretary with all pertinent infor-
mation, including the name and address of the 
employer or employers who submitted the rel-
evant social security account number, the rel-
evant social security account number submitted 
by the employer or employers, and the relevant 
name and date of birth of the employee sub-
mitted by the employer or employers. 
‘‘(G) 
UPDATING
INFORMATION.—The 
Commissioner of Social Security and the Sec-
retary of Homeland Security shall update their 
information in a manner that promotes the 
maximum accuracy and shall provide a process 
for the prompt correction of erroneous informa-
tion, including instances in which it is brought 
to their attention in the secondary verification 
process described in subparagraph (C). 
‘‘(H) 
LIMITATION
ON
USE
OF
THE 
VERIFICATION SYSTEM AND ANY RELATED SYS-
TEMS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law, nothing in this
135 
paragraph shall be construed to permit or 
allow any department, bureau, or other 
agency of the United States Government to 
utilize any information, data base, or other 
records assembled under this paragraph 
for any other purpose other than as pro-
vided for. 
‘‘(ii) NO
NATIONAL
IDENTIFICATION 
CARD.—Nothing in this paragraph shall be 
construed to authorize, directly or indi-
rectly, the issuance or use of national iden-
tification cards or the establishment of a 
national identification card. 
‘‘(I) FEDERAL TORT CLAIMS ACT.—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 mech-
anism of the Federal Tort Claims Act, and in-
junctive relief to correct such error. No class 
action may be brought under this subpara-
graph. 
‘‘(J) PROTECTION
FROM
LIABILITY
FOR 
ACTIONS TAKEN ON THE BASIS OF INFORMA-
TION.—No person or entity shall be civilly or
136 
criminally liable for any action taken in good 
faith reliance on information provided through 
the employment eligibility verification mecha-
nism established under this paragraph.’’. 
(b) REPEAL OF PROVISION RELATING TO EVALUA-
TIONS AND CHANGES IN EMPLOYMENT VERIFICATION.— 
Section 274A(d) (8 U.S.C. 1324a(d)) is repealed. 
SEC. 702. EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS. 
Section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a) is amended— 
(1) in subsection (a)(3), by inserting ‘‘(A)’’ 
after ‘‘DEFENSE.—’’, and by adding at the end the 
following: 
‘‘(B) 
FAILURE
TO
SEEK
AND
OBTAIN 
VERIFICATION.—In the case of a person or entity in 
the United States that hires, or continues to employ, 
an individual, or recruits or refers an individual for 
employment, the following requirements apply: 
‘‘(i) FAILURE TO SEEK VERIFICATION.— 
‘‘(I) IN GENERAL.—If the person or 
entity has not made an inquiry, under the 
mechanism established under subsection 
(b)(7), seeking verification of the identity 
and work eligibility of the individual, by
137 
not later than the end of 3 working days 
(as specified by the Secretary of Homeland 
Security) after the date of the hiring, the 
date specified in subsection (b)(8)(B) for 
previously hired individuals, or before the 
recruiting or referring commences, the de-
fense under subparagraph (A) shall not be 
considered to apply with respect to any 
employment, except as provided in sub-
clause (II). 
‘‘(II) SPECIAL RULE FOR FAILURE OF 
VERIFICATION MECHANISM.—If such a per-
son or entity in good faith attempts to 
make an inquiry in order to qualify for the 
defense under subparagraph (A) and the 
verification mechanism has registered that 
not all inquiries were responded to during 
the relevant time, the person or entity can 
make an inquiry until the end of the first 
subsequent working day in which the 
verification mechanism registers no non-
responses and qualify for such defense. 
‘‘(ii) 
FAILURE
TO
OBTAIN 
VERIFICATION.—If the person or entity has 
made the inquiry described in clause (i)(I) but
138 
has not received an appropriate verification of 
such identity and work eligibility under such 
mechanism within the time period specified 
under subsection (b)(7)(B) after the time the 
verification inquiry was received, the defense 
under subparagraph (A) shall not be considered 
to apply with respect to any employment after 
the end of such time period.’’; 
(2) by amending subparagraph (A) of sub-
section (b)(1) to read as follows: 
‘‘(A) IN GENERAL.—The person or entity 
must attest, under penalty of perjury and on a 
form designated or established by the Secretary 
by regulation, that it has verified that the indi-
vidual is not an unauthorized alien by— 
‘‘(i) obtaining from the individual the 
individual’s social security account number 
and recording the number on the form (if 
the individual claims to have been issued 
such a number), and, if the individual does 
not attest to United States citizenship 
under paragraph (2), obtaining such iden-
tification or authorization number estab-
lished by the Department of Homeland Se-
curity for the alien as the Secretary of
139 
Homeland Security may specify, and re-
cording such number on the form; and 
‘‘(ii)(I) examining a document de-
scribed in subparagraph (B); or (II) exam-
ining a document described in subpara-
graph (C) and a document described in 
subparagraph (D). 
A person or entity has complied with the re-
quirement of this paragraph with respect to ex-
amination of a document if the document rea-
sonably appears on its face to be genuine, rea-
sonably appears to pertain to the individual 
whose identity and work eligibility is being 
verified, and, if the document bears an expira-
tion date, that expiration date has not elapsed. 
If an individual provides a document (or com-
bination of documents) that reasonably appears 
on its face to be genuine, reasonably appears to 
pertain to the individual whose identity and 
work eligibility is being verified, and is suffi-
cient to meet the first sentence of this para-
graph, nothing in this paragraph shall be con-
strued as requiring the person or entity to so-
licit the production of any other document or as
140 
requiring the individual to produce another doc-
ument.’’; 
(3) in subsection (b)(1)(D)— 
(A) in clause (i), by striking ‘‘or such other 
personal identification information relating to 
the individual as the Secretary finds, by regula-
tion, sufficient for purposes of this section’’; 
and 
(B) in clause (ii), by inserting before the 
period ‘‘and that contains a photograph of the 
individual’’; 
(4) in subsection (b)(2), by adding at the end 
the following: ‘‘The individual must also provide that 
individual’s social security account number (if the 
individual claims to have been issued such a num-
ber), and, if the individual does not attest to United 
States citizenship under this paragraph, such identi-
fication or authorization number established by the 
Department of Homeland Security for the alien as 
the Secretary may specify.’’; and 
(5) by amending paragraph (3) of subsection 
(b) to read as follows: 
‘‘(3) RETENTION OF VERIFICATION FORM AND 
VERIFICATION.—
141 
‘‘(A) IN
GENERAL.—After completion of 
such form in accordance with paragraphs (1) 
and (2), the person or entity must— 
‘‘(i) retain the form and make it avail-
able for inspection by officers of the De-
partment of Homeland Security, the Spe-
cial Counsel for Immigration-Related Un-
fair Employment Practices, or the Depart-
ment of Labor during a period beginning 
on the date of the hiring, recruiting, or re-
ferral of the individual or the date of the 
completion of verification of a previously 
hired individual and ending— 
‘‘(I) in the case of the recruiting 
or referral of an individual, three 
years after the date of the recruiting 
or referral; 
‘‘(II) in the case of the hiring of 
an individual, the later of— 
‘‘(aa) three years after the 
date of such hiring; or 
‘‘(bb) one year after the 
date the individual’s employment 
is terminated; and
142 
‘‘(III) 
in 
the 
case 
of 
the 
verification of a previously hired indi-
vidual, the later of— 
‘‘(aa) three years after the 
date 
of 
the 
completion 
of 
verification; or 
‘‘(bb) one year after the 
date the individual’s employment 
is terminated; 
‘‘(ii) make an inquiry, as provided in 
paragraph (7), using the verification sys-
tem to seek verification of the identity and 
employment eligibility of an individual, by 
not later than the end of 3 working days 
(as specified by the Secretary of Homeland 
Security) after the date of the hiring or in 
the case of previously hired individuals, the 
date specified in subsection (b)(8)(B), or 
before the recruiting or referring com-
mences; and 
‘‘(iii) may not commence recruitment 
or referral of the individual until the per-
son or entity receives verification under 
subparagraph (B)(i) or (B)(iii). 
‘‘(B) VERIFICATION.—
143 
‘‘(i) VERIFICATION RECEIVED.—If the 
person or other entity receives an appro-
priate verification of an individual’s iden-
tity 
and 
work 
eligibility 
under 
the 
verification system within the time period 
specified, the person or entity shall record 
on the form an appropriate code that is 
provided under the system and that indi-
cates a final verification of such identity 
and work eligibility of the individual. 
‘‘(ii) TENTATIVE
NONVERIFICATION 
RECEIVED.—If the person or other entity 
receives a tentative nonverification of an 
individual’s identity or work eligibility 
under the verification system within the 
time period specified, the person or entity 
shall so inform the individual for whom the 
verification is sought. If the individual does 
not contest the nonverification within the 
time period specified, the nonverification 
shall be considered final. The person or en-
tity shall then record on the form an ap-
propriate code which has been provided 
under the system to indicate a tentative 
nonverification. If the individual does con-
144 
test the nonverification, the individual shall 
utilize 
the 
process 
for 
secondary 
verification provided under paragraph (7). 
The nonverification will remain tentative 
until a final verification or nonverification 
is provided by the verification system with-
in the time period specified. In no case 
shall an employer terminate employment of 
an individual because of a failure of the in-
dividual to have identity and work eligi-
bility confirmed under this section until a 
nonverification becomes final. Nothing in 
this clause shall apply to a termination of 
employment for any reason other than be-
cause of such a failure. 
‘‘(iii) 
FINAL
VERIFICATION
OR 
NONVERIFICATION
RECEIVED.—If a final 
verification or nonverification is provided 
by the verification system regarding an in-
dividual, the person or entity shall record 
on the form an appropriate code that is 
provided under the system and that indi-
cates a verification or nonverification of 
identity and work eligibility of the indi-
vidual.
145 
‘‘(iv) EXTENSION
OF
TIME.—If the 
person or other entity in good faith at-
tempts to make an inquiry during the time 
period specified and the verification system 
has registered that not all inquiries were 
received during such time, the person or 
entity may make an inquiry in the first 
subsequent working day in which the 
verification system registers that it has re-
ceived all inquiries. If the verification sys-
tem cannot receive inquiries at all times 
during a day, the person or entity merely 
has to assert that the entity attempted to 
make the inquiry on that day for the pre-
vious sentence to apply to such an inquiry, 
and does not have to provide any addi-
tional proof concerning such inquiry. 
‘‘(v) 
CONSEQUENCES
OF 
NONVERIFICATION.— 
‘‘(I) TERMINATION OR NOTIFICA-
TION OF CONTINUED EMPLOYMENT.— 
If the person or other entity has re-
ceived a final nonverification regard-
ing an individual, the person or entity 
may terminate employment of the in-
146 
dividual (or decline to recruit or refer 
the individual). If the person or entity 
does not terminate employment of the 
individual or proceeds to recruit or 
refer the individual, the person or en-
tity shall notify the Secretary of 
Homeland Security of such fact 
through the verification system or in 
such other manner as the Secretary 
may specify. 
‘‘(II) FAILURE
TO
NOTIFY.—If 
the person or entity fails to provide 
notice with respect to an individual as 
required under subclause (I), the fail-
ure is deemed to constitute a violation 
of subsection (a)(1)(A) with respect to 
that individual. 
‘‘(vi) 
CONTINUED
EMPLOYMENT 
AFTER
FINAL
NONVERIFICATION.—If the 
person or other entity continues to employ 
(or to recruit or refer) an individual after 
receiving final nonverification, a rebuttable 
presumption is created that the person or 
entity has violated subsection (a)(1)(A).’’.
147 
SEC. 
703. 
EXPANSION 
OF 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION 
SYSTEM 
TO 
PREVIOUSLY 
HIRED INDIVIDUALS AND RECRUITING AND 
REFERRING. 
(a) APPLICATION
TO
RECRUITING
AND
REFER-
RING.—Section 274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a) is amended— 
(1) in subsection (a)(1)(A), by striking ‘‘for a 
fee’’; 
(2) in subsection (a)(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).’’; 
(3) in subsection (a)(2) by striking ‘‘after hir-
ing an alien for employment in accordance with 
paragraph (1),’’ and inserting ‘‘after complying with 
paragraph (1),’’; and 
(4) in subsection (a)(3), as amended by section 
702, is further amended by striking ‘‘hiring’’ and in-
serting ‘‘hiring, employing,’’ each place it appears. 
(b) EMPLOYMENT ELIGIBILITY VERIFICATION FOR 
PREVIOUSLY HIRED INDIVIDUALS.—Section 274A(b) of 
such Act (8 U.S.C. 1324a(b)), as amended by section
148 
701(a), is amended by adding at the end the following new 
paragraph: 
‘‘(8) 
USE
OF
EMPLOYMENT
ELIGIBILITY 
VERIFICATION SYSTEM FOR PREVIOUSLY HIRED IN-
DIVIDUALS.— 
‘‘(A) ON A VOLUNTARY BASIS.—Beginning 
on the date that is 2 years after the date of the 
enactment 
of 
the 
Border 
Protection, 
Antiterrorism, and Illegal Immigration Control 
Act of 2005 and until the date specified in sub-
paragraph (B)(iii), a person or entity may make 
an inquiry, as provided in paragraph (7), using 
the verification system to seek verification of 
the identity and employment eligibility of any 
individual employed by the person or entity, as 
long as it is done on a nondiscriminatory basis. 
‘‘(B) ON A MANDATORY BASIS.— 
‘‘(i) A person or entity described in 
clause (ii) must make an inquiry as pro-
vided 
in 
paragraph 
(7), 
using 
the 
verification system to seek verification of 
the identity and employment eligibility of 
all individuals employed by the person or 
entity who have not been previously subject 
to an inquiry by the person or entity by
149 
the date three years after the date of en-
actment 
of 
the 
Border 
Protection, 
Antiterrorism, and Illegal Immigration 
Control Act of 2005. 
‘‘(ii) A person or entity is described in 
this clause if it is a Federal, State, or local 
governmental body (including the Armed 
Forces of the United States), or if it em-
ploys individuals working in a location that 
is a Federal, State, or local government 
building, a military base, a nuclear energy 
site, a weapon site, an airport, or that con-
tains critical infrastructure (as defined in 
section 1016(e) of the Critical Infrastruc-
ture Protection Act of 2001 (42 U.S.C. 
5195c(e))), but only to the extent of such 
individuals. 
‘‘(iii) All persons and entities other 
than those described in clause (ii) must 
make an inquiry, as provided in paragraph 
(7), using the verification system to seek 
verification of the identity and employment 
eligibility of all individuals employed by the 
person or entity who have not been pre-
viously subject to an inquiry by the person
150 
or entity by the date six years after the 
date of enactment of the Border Protec-
tion, Antiterrorism, and Illegal Immigra-
tion Control Act of 2005.’’. 
SEC. 704. BASIC PILOT PROGRAM. 
Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note) is amended by striking ‘‘at the end of the 11-year 
period beginning on the first day the pilot program is in 
effect’’ and inserting ‘‘two years after the enactment of 
the Border Protection, Antiterrorism, and Illegal Immi-
gration Control Act of 2005’’. 
SEC. 705. HIRING HALLS. 
Section 274A(h) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)) is amended by adding at the end 
the following new paragraph: 
‘‘(4) DEFINITION OF RECRUIT OR REFER.—As 
used in this section, the term ‘refer’ means the act 
of sending or directing a person or transmitting doc-
umentation or information to another, directly or in-
directly, with the intent of obtaining employment in 
the United States for such person. Generally, only 
persons or entities referring for remuneration 
(whether on a retainer or contingency basis) are in-
cluded in the definition. However, union hiring halls
151 
that refer union members or nonunion individuals 
who pay union membership dues are included in the 
definition whether or not they receive remuneration, 
as are labor service agencies, whether public, private, 
for-profit, or nonprofit, that refer, dispatch, or oth-
erwise facilitate the hiring of laborers for any period 
of time by a third party. As used in this section the 
term ‘recruit’ means the act of soliciting a person, 
directly or indirectly, and referring the person to an-
other with the intent of obtaining employment for 
that person. Generally, only persons or entities re-
cruiting for remunerations (whether on a retainer or 
contingency basis) are included in the definition. 
However, union hiring halls that refer union mem-
bers or nonunion individuals who pay union member-
ship dues are included in this definition whether or 
not they receive remuneration, as are labor service 
agencies, whether public, private, for-profit, or non-
profit that recruit, dispatch, or otherwise facilitate 
the hiring of laborers for any period of time by a 
third party.’’. 
SEC. 706. PENALTIES. 
Section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a) is amended— 
(1) in subsection (e)(4)—
152 
(A) in subparagraph (A), in the matter be-
fore clause (i), by inserting ‘‘, subject to para-
graph (10),’’ after ‘‘in an amount’’; 
(B) in subparagraph (A)(i), by striking 
‘‘not less than $250 and not more than 
$2,000’’ and inserting ‘‘not less than $5,000’’; 
(C) in subparagraph (A)(ii), by striking 
‘‘not less than $2,000 and not more than 
$5,000’’ and inserting ‘‘not less than $10,000’’; 
(D) in subparagraph (A)(iii), by striking 
‘‘not less than $3,000 and not more than 
$10,000’’ 
and 
inserting 
‘‘not 
less 
than 
$25,000’’; and 
(E) by amending subparagraph (B) to read 
as follows: 
‘‘(B) may require the person or entity to 
take such other remedial action as is appro-
priate.’’; 
(2) in subsection (e)(5)— 
(A) by inserting ‘‘, subject to paragraph 
(10),’’ after ‘‘in an amount’’; 
(B) by striking ‘‘$100’’ and inserting 
‘‘$1,000’’; 
(C) by striking ‘‘$1,000’’ and inserting 
‘‘$25,000’’;
153 
(D) by striking ‘‘the size of the business of 
the employer being charged, the good faith of 
the employer’’ and inserting ‘‘the good faith of 
the employer being charged’’; and 
(E) by adding at the end the following sen-
tence: ‘‘Failure by a person or entity to utilize 
the employment eligibility verification system as 
required by law, or providing information to the 
system that the person or entity knows or rea-
sonably believes to be false, shall be treated as 
a violation of subsection (a)(1)(A).’’; 
(3) by adding at the end of subsection (e) the 
following new paragraph: 
‘‘(10) MITIGATION OF CIVIL MONEY PENALTIES 
FOR SMALLER EMPLOYERS.—In the case of imposi-
tion of a civil penalty under paragraph (4)(A) with 
respect to a violation of subsection (a)(1)(A) or 
(a)(2) for hiring or continuation of employment by 
an employer and in the case of imposition of a civil 
penalty under paragraph (5) for a violation of sub-
section (a)(1)(B) for hiring by an employer, the dol-
lar amounts otherwise specified in the respective 
paragraph shall be reduced as follows: 
‘‘(A) In the case of an employer with an 
average of fewer than 26 full-time equivalent
154 
employees (as defined by the Secretary of 
Homeland Security), the amounts shall be re-
duced by 60 percent. 
‘‘(B) In the case of an employer with an 
average of at least 26, but fewer than 101, full- 
time equivalent employees (as so defined), the 
amounts shall be reduced by 40 percent. 
‘‘(C) In the case of an employer with an 
average of at least 101, but fewer than 251, 
full-time equivalent employees (as so defined), 
the amounts shall be reduced by 20 percent. 
The last sentence of paragraph (4) shall apply under 
this paragraph in the same manner as it applies 
under such paragraph.’’. 
(4) by amending paragraph (1) of subsection (f) 
to read as follows: 
‘‘(1) CRIMINAL PENALTY.—Any person or enti-
ty which engages in a pattern or practice of viola-
tions of subsection (a)(1) or (2) shall be fined not 
more than $50,000 for each unauthorized alien with 
respect to which such a violation occurs, imprisoned 
for not less than one year, or both, notwithstanding 
the provisions of any other Federal law relating to 
fine levels.’’; and