screening verification techniques using publicly 
available information; 
(B) protection of the authenticated infor-
mation through biometric technology; and 
(C) verification of employment eligibility of 
such new employees. 
(2) DATABASE MANAGEMENT.—The Biometric 
Pilot shall provide for databases of identifying infor-
mation which may be retained by the enrollment 
providers. Databases controlled by the Commissioner 
and Secretary of Homeland Security shall be main-
tained in a manner to capture new entries and new 
status information in a timely manner and to inter-
act with the private enrollment databases to keep 
employment authorization status and identifying in-
formation current on a daily basis. The information 
maintained in such databases shall be subject to the 
requirements established pursuant to subsection (e), 
except that— 
(A) use of the data shall be limited to ob-
taining employment eligibility verification only, 
unless the new employee consents to use the 
data for other purposes, as provided in regula-
tions prescribed by the Secretary; and 
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(B) other identifying traits of the new em-
ployees shall be stored through an encoding 
process that keeps their accurate names, dates 
of birth, social security numbers, and immigra-
tion identification numbers (if any) separate, 
except during electronic verification. 
(3) ACCESSIBILITY
TO
EMPLOYERS.—Avail-
ability of data maintained in the Biometric Pilot 
shall be managed so that any subject employer who 
participates in the Biometric Pilot can obtain 
verification with respect to any new employee en-
rolled with any enrollment provider serving in the 
Biometric Pilot. 
(4) LIMITATIONS
RELATING
TO
BIOMETRIC 
DATA.—Any biometric data maintained in the Bio-
metric Pilot relating to any new employee shall be— 
(A) encrypted and segregated from identi-
fying information relating to the new employee, 
and 
(B) maintained and linked to identifying 
information relating to the new employee only 
by consent of the new employee for the purpose 
of verifying employment eligibility or approved 
correction processes or for other purposes spe-
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cifically authorized by the employee as provided 
in regulations prescribed by the Secretary. 
(5) ACCURACY OF ASSOCIATION OF DATA WITH 
ENROLLED NEW EMPLOYEES.—The enrollment proc-
ess under the Biometric Pilot shall be managed, in 
the case of each new employee enrolled in the Bio-
metric Pilot, so as to result in the accurate associa-
tion of data consisting of name, date of birth, social 
security number, and immigration identification 
number (if any) with the established identity of the 
new employee. 
(6) LIMITATIONS ON ACCESSIBILITY OF INFOR-
MATION.—Data stored in Biometric Pilot relating to 
any enrolled new employee shall not be accessible to 
any person other than those operating the Biometric 
Pilot and for the sole purpose of identity authentica-
tion and employment eligibility verification in con-
nection with the new employee, except— 
(A) by the written consent of the new em-
ployee given specifically for each instance or 
category of disclosure for any other purpose as 
provided in regulations prescribed by the Sec-
retary; or 
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(B) in response to a warrant issued by a 
judicial authority of competent jurisdiction in a 
criminal proceeding. 
(7) PUBLIC EDUCATION.—The Secretary shall 
conduct a program of ongoing, comprehensive public 
education campaign relating to the Biometric Pilot. 
(c) EMPLOYER RESPONSIBILITIES.—In accordance 
with the regulations prescribed by the Secretary pursuant 
to subsection (a), the following shall apply: 
(1) USE LIMITED TO ENROLLED NEW EMPLOY-
EES.—Use of the Biometric Pilot by subject employ-
ers participating in the Biometric Pilot shall be lim-
ited to use in connection with the hiring of new em-
ployees occurring after their enrollment in the Bio-
metric Pilot. 
(2) USE FOR LIMITED PERIOD.—Use of the Bi-
ometric Pilot by any subject employer participating 
in the Biometric Pilot in connection with any new 
employee may occur only during the period begin-
ning on the date of hire and ending at the end of 
the third business day after the employee has re-
ported for duty. Use of the Biometric Pilot with re-
spect to recruitment or referral for a fee may occur 
only until the first day of such recruitment or refer-
ral. 
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(3) RESPONSIBILITY
OF
EMPLOYERS
TO
EN-
ROLL NEW EMPLOYEES.—In connection with the hir-
ing by any subject employer of a new employee who 
has not been previously enrolled in the Biometric 
Pilot, enrollment of the new employee shall occur 
only upon application by the subject employer sub-
mitted to an enrollment provider, together with pay-
ment of any costs associated with the enrollment. 
(4) LIMITATIONS ON SELECTIVE USE.—No sub-
ject employer may use the Biometric Pilot selectively 
to verify any class, level, or category of new employ-
ees. Nothing in this subparagraph shall be construed 
to preclude subject employers from utilizing the Bio-
metric Pilot in connection with hiring at selected 
employment locations without implementing such 
usage at all locations of the employer. 
(d) EMPLOYEE PROTECTIONS.—In accordance with 
the regulations prescribed by the Secretary pursuant to 
subsection (a), the following shall apply: 
(1) ACCESS FOR EMPLOYEES TO CORRECT AND 
UPDATE INFORMATION.—Employees enrolled in the 
Biometric Pilot shall be provided access to the Bio-
metric Pilot to verify information relating to their 
employment authorization and readily available proc-
esses to correct and update their enrollment infor-
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mation and information relating to employment au-
thorization. 
(2) RIGHT
TO
CANCEL
ENROLLMENT.—Each 
employee enrolled in the Biometric Pilot shall have 
the right to cancel such employee’s enrollment at 
any time after the identity authentication and em-
ployment eligibility verification processes are com-
pleted by the subject employer described in sub-
section (c)(3). Such cancellation shall remove from 
the Biometric Pilot all identifying information and 
biometrics in connection with such employee without 
prejudice to future enrollments. 
(e) MAINTENANCE OF SECURITY AND CONFIDEN-
TIALITY OF INFORMATION.— 
(1) IN GENERAL.—Every person who is a sub-
ject employer participating in the Biometric Pilot or 
an officer or contractor of such a subject employer 
and who has access to any information obtained at 
any time from the Department of Homeland Secu-
rity shall maintain the security and confidentiality of 
such information. No such person may disclose any 
file, record, report, paper, or other item containing 
information so obtained at any time by any such 
person from the Secretary or from any officer or em-
ployee of the Department of Homeland Security ex-
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cept as the Secretary may by regulations prescribe 
or as otherwise provided by Federal law. 
(2) PENALTY FOR DISCLOSURE IN VIOLATION 
OF
SUBPARAGRAPH
(A).—Any person described in 
paragraph (1) who knowingly violates paragraph (1) 
shall be guilty of a felony and, upon conviction 
thereof, shall be punished by a fine not exceeding 
$10,000 for each occurrence of a violation, or by im-
prisonment not exceeding 5 years, or both. 
(3) PENALTY FOR KNOWING DISCLOSURE OF 
FRAUDULENT INFORMATION.—Any person who will-
fully and knowingly accesses, discloses, or uses any 
information which such person purports to be infor-
mation obtained as described in paragraph (1) 
knowing such information to be false shall be guilty 
of a felony and, upon conviction thereof, shall be 
punished by a fine not exceeding $10,000 for each 
occurrence of a violation, or by imprisonment not ex-
ceeding 5 years, or both. 
(4) RESTITUTION.— 
(A) IN
GENERAL.—Any Federal court, 
when sentencing a defendant convicted of an of-
fense under this paragraph, may order, in addi-
tion to or in lieu of any other penalty author-
ized by law, that the defendant make restitution 
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to the victims of such offense specified in sub-
paragraph (B). Sections 3612, 3663, and 3664 
of title 18, United States Code, shall apply with 
respect to the issuance and enforcement of or-
ders of restitution to victims of such offense 
under this subparagraph. If the court does not 
order restitution, or orders only partial restitu-
tion, under this subsection, the court shall state 
on the record the reasons therefor. 
(B) VICTIMS
SPECIFIED.—The victims 
specified in this clause are the following: 
(i) Any individual who suffers a finan-
cial loss as a result of the disclosure de-
scribed in paragraph (2) or (3). 
(ii) The Secretary of Homeland Secu-
rity, to the extent that the disclosure de-
scribed in paragraph (2) or (3) results in 
the inappropriate payment of a benefit by 
the Commissioner of Social Security. 
(C) DEPOSIT
IN
THE
TRUST
FUNDS
OF 
AMOUNTS PAID AS RESTITUTION TO THE COM-
MISSIONER.—Funds paid to the Commissioner 
as restitution pursuant to a court order under 
this subparagraph shall be deposited in the 
Federal Old-Age and Survivors Insurance Trust 
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Fund or the Federal Disability Insurance Trust 
Fund, as appropriate. 
Æ 
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