101 
subparagraph (5), during a period beginning on the 
date of the hiring, recruiting or referral of the indi-
vidual and ending three years after the date of re-
cruiting, referral without hiring, hiring, or termi-
nation from employment, whichever is later. The 
verification form shall include the transaction code 
described in subsection (a)(1)(B)(ii)(III). 
‘‘(4) 
COPYING
OF
DOCUMENTATION
PER-
MITTED.—Notwithstanding any other provision of 
law, the person or entity may copy a document as 
presented by an individual pursuant to this sub-
section. 
‘‘(5) LIMITATION
ON
USE
OF
ATTESTATION 
FORM.—A form designated or established by the 
Commissioner of Social Security under this section, 
and any information provided by an individual or 
employer on such form, may not be used for pur-
poses other than implementation and enforcement of 
the criminal, immigration, employment, social secu-
rity, or tax laws of the United States, or of the 
State wherein the attestation was made. 
‘‘(c) NO AUTHORIZATION OF NATIONAL IDENTIFICA-
TION CARDS.—Nothing in this section shall be construed 
to authorize, directly or indirectly, the issuance or use of
102 
national identification cards or the establishment of a na-
tional identification card. 
‘‘(d) ENFORCEMENT
BY
THE
DEPARTMENT
OF 
HOMELAND SECURITY.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security may assess a penalty, payable to the Sec-
retary, and shall issue an order to comply with Fed-
eral immigration law, against any employer who— 
‘‘(A) hires an individual for employment in 
the United States in any capacity who is known 
by the employer not to be authorized to work 
in the United States in such capacity; or 
‘‘(B) fails to comply with the procedures 
prescribed by the Secretary pursuant to this 
section in connection with the employment of 
any individual. 
‘‘(2) AMOUNT.—Such penalty shall not exceed 
$50,000 for each occurrence of a violation described 
in paragraph (1) with respect to the individual, plus, 
in the event of the removal of such individual from 
the United States based on findings developed in 
connection with the assessment or collection of such 
penalty, the costs incurred by the Federal Govern-
ment, cooperating State and local governments, and
103 
State and local law enforcement agencies, in connec-
tion with such removal. 
‘‘(3) ACTIONS BY SECRETARY.—If any person is 
assessed a penalty under paragraph (1) and fails to 
pay the assessment when due, or any person other-
wise fails to meet any requirement of this section, 
the Secretary may bring a civil action in any district 
court of the United States within the jurisdiction of 
which such person’s assets are located or in which 
such person resides or is found for the recovery of 
the amount of the assessment or for appropriate eq-
uitable relief to redress the violation or enforce the 
provisions of this section, and process may be served 
in any other district. The district courts of the 
United States shall have jurisdiction over actions 
brought under this section by the Secretary without 
regard to the amount in controversy. 
‘‘(e) COMPLAINTS AND INVESTIGATIONS.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish procedures for private par-
ties and agencies of any State or political subdivision 
therein to file a written, signed complaint, including 
a complaint filed in electronic form, alleging viola-
tions of this section, consistent with this subsection.
104 
‘‘(A) REVIEW
AND
INITIAL
DETERMINA-
TION.—Each complaint shall be reviewed and a 
determination made as to whether the com-
plaint, on its face, provides sufficient informa-
tion to identify the entity and any persons 
claimed to be in violation of this section, and 
whether the alleged violation occurred or is oc-
curring within 180 days of the date the com-
plaint is filed. A notice of such determination 
shall be provided to the complainant. 
‘‘(B) ENFORCEMENT
INVESTIGATION.—If 
the review under subparagraph (A) indicates 
that sufficient information has been provided, 
the Secretary shall conduct a civil or criminal 
enforcement investigation. 
‘‘(C) ASSISTANCE.—The Secretary may 
authorize a law enforcement agency of the State 
or local jurisdiction in which a civil or criminal 
investigation is authorized to conduct or assist 
in such investigation. 
‘‘(2) CIVIL
ENFORCEMENT
BY
OTHER
PAR-
TIES.— 
‘‘(A) IN GENERAL.—Any private party, or 
an agency of any political subdivision of any 
State, may file a civil complaint directly with
105 
the Office of the Chief Administrative Hearing 
Officer of the Department of Justice against a 
person or entity that has recruited, hired, or 
employed 12 or more unauthorized aliens within 
any 365 day period. 
‘‘(B) TIME
OF
VIOLATION.—The alleged 
violation shall have occurred within 180 days of 
the date the complaint was filed. 
‘‘(C) PROCEDURES FOR ADJUDICATION.— 
The adjudication of the complaint shall be con-
ducted pursuant to the requirements for admin-
istrative adjudication procedures established by 
the chapter 5 of title 5, United States Code 
(popularly known as the Administrative Proce-
dure Act). The complainant shall have the bur-
den of proof in such proceedings. 
‘‘(D) RECOVERY.—A prevailing complain-
ant shall be entitled to issuance of an order for 
compliance against the entity or persons found 
to be in violation, as well as a civil penalty with 
damages equal to three times the amount of 
any civil fines or monetary penalties that could 
be levied against the entity and the persons, 
plus reasonable attorneys’ fees and costs.
106 
‘‘(3) AUTHORITY IN INVESTIGATIONS.—In con-
ducting investigations and hearings under sub-
sections (d) or (e), immigration officers and admin-
istrative law judges shall have reasonable access to 
examine evidence of any person or entity being in-
vestigated, and may compel by subpoena the attend-
ance of witnesses and the production of evidence at 
any designated place or hearing. Upon application 
by the Secretary, an appropriate district court of the 
United States may issue an order requiring compli-
ance with such subpoena and any failure to obey 
such order may be punished by such court as a con-
tempt thereof. 
‘‘(f) APPELLATE REVIEW OF DECISIONS AND OR-
DERS.— 
‘‘(1) DEPARTMENT
OF
HOMELAND
SECURITY 
ENFORCEMENT ACTIONS.— 
‘‘(A) IN GENERAL.—A decision by the Sec-
retary under subsections (d) or (e)(1) to assess 
a civil penalty or to issue an order for compli-
ance shall become final unless, within 45 days 
of the date of such decision, a party adversely 
affected by such decision files a petition for ad-
ministrative review with the Office of the Chief 
Administrative Hearing Officer of the Executive
107 
Officer for Immigration Review in the Depart-
ment of Justice. 
‘‘(B) REGULATIONS.—The Chief Adminis-
trative Hearing Officer shall promulgate regula-
tions governing proceedings for review of the 
petition under this paragraph. 
‘‘(C) JUDICIAL REVIEW.—A party assert-
ing an error of law or the infringement of a 
right protected by the Constitution made in a 
decision by the Office of the Chief Administra-
tive Hearing Officer may, within 45 days of the 
date of such decision, file a petition for judicial 
review in the Court of Appeals for the District 
of Columbia Circuit. 
‘‘(2) OTHER ENFORCEMENT ACTIONS.—A deci-
sion by the Office of the Chief Administrative Hear-
ing Officer under subsection (e)(2) to issue an order 
for compliance or to assess a civil penalty or dam-
ages shall become final unless, within 45 days of the 
date of such decsiion, a party adversely affected by 
such decision files a petition for judicial review in 
the United States district court for the judicial dis-
trict wherein the entity or person that is the subject 
to the complaint is domiciled.
108 
‘‘(g) PROHIBITION OF INDEMNITY BONDS.—It is un-
lawful for a person or other entity, in the hiring, recruit-
ing, or referring for employment of any individual, to re-
quire the individual to post a bond or security, or other-
wise to provide or agree to provide any financial guarantee 
or indemnity against any potential liability arising under 
this section. 
‘‘(h) MISCELLANEOUS PROVISIONS.— 
‘‘(1) DOCUMENTATION.—In providing docu-
mentation or endorsement of authorization of any 
alien for employment in the United States, the Sec-
retary shall provide that any limitation with respect 
to the duration or type of employment or employer 
shall be conspicuously stated on the documentation. 
‘‘(2) PREEMPTION.—The provisions of this sec-
tion do not preempt any State or local law that may 
impose additional or increased civil or criminal pen-
alties upon those who recruit, hire, employ or shelter 
unauthorized aliens in violation of Federal law. 
‘‘(3) DEFINITIONS.—For purposes of this sec-
tion: 
‘‘(A) The term ‘authorized to work in the 
United States’, when applied to an individual, 
means that the individual is not an unauthor-
ized alien.
109 
‘‘(B) The term ‘employer’ means— 
‘‘(i) any person or entity who hires an 
individual; or 
‘‘(ii) any individual earning self-em-
ployment income (as defined in section 
211(b) of the Social Security Act (42 
U.S.C. 411(b))). 
‘‘(C) The term ‘employee’ shall have the 
meaning given such term in section 210(j) of 
the Social Security Act (42 U.S.C. 410(j)). 
‘‘(D) The term ‘hire’ means to recruit, 
refer, or hire an individual for employment in 
the United States. 
‘‘(E) The term ‘unauthorized alien’ means, 
with respect to the employment of an alien at 
a particular time, that the alien is not at that 
time— 
‘‘(i) an alien lawfully admitted for 
permanent residence; or 
‘‘(ii) otherwise authorized to be so em-
ployed by this Act or by the Secretary of 
Homeland Security. 
‘‘(F) The term ‘work authorization docu-
ment’ means—
110 
‘‘(i) in the case of a citizen or national 
of the United States, a social security card 
described in section 205(c)(2)(G)(ii) of the 
Social 
Security 
Act 
(42 
U.S.C. 
405(c)(2)(G)(ii)), as amended by this Act, 
or a State driver’s license or identification 
card that has been certified pursuant to 
section 202(a)(2) of the REAL ID Act of 
2005 (Public Law 109–13) and is compat-
ible with the card-reader verification sys-
tem 
described 
in 
subsection 
(a)(1)(B)(ii)(I); or 
‘‘(ii) in the case of a noncitizen, a so-
cial security card described in section 
205(c)(2)(G)(iii) of the Social Security 
Act, as amended.’’. 
(b) INVESTIGATION NOT A WARRANTLESS ENTRY.— 
Section 287(e) of the Immigration and Nationality Act (8 
U.S.C. 1357(e)) is amended by adding at the end the fol-
lowing: ‘‘An investigation authorized pursuant to sub-
sections (d) or (e) of section 274A is not a warrantless 
entry.’’.
111 
SEC. 413. PROTECTION FOR UNITED STATES WORKERS AND 
INDIVIDUALS REPORTING IMMIGRATION LAW 
VIOLATIONS. 
Section 274B(a) of the Immigration and Nationality 
Act (8 U.S.C. 1324b(a)) is amended by adding at the end 
the following: 
‘‘Notwithstanding any other provision of law, the 
rights protected by this paragraph include the right 
of any individual to report a violation or suspected 
violation of any immigration law to the Department 
of Homeland Security or a law enforcement agen-
cy.’’. 
SEC. 414. INADMISSIBILITY FOR FAILURE TO PRESENT 
DOCUMENTATION OF WORK ELIGIBILITY. 
Section 212(a)(9)(B)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(9)(B)) is amended— 
(1) in subclause (I), by striking ‘‘or’’ at the 
end; 
(2) in subclause (II), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after subclause (II) the fol-
lowing new subclause: 
‘‘(III) commenced employment 
without complying with the require-
ments of section 274A(a)(1)(A),’’.
112 
Subtitle 
C—Work 
Eligibility 
Verification Reform in the So-
cial Security Administration 
SEC. 421. ALIEN WORK ELIGIBILITY DATABASE. 
(a) IN GENERAL.—The Commissioner for Social Se-
curity shall establish and maintain an Alien Work Eligi-
bility Database. 
(b) CONTENTS OF DATABASE.—The Database shall 
include data comprised of the immigration and work au-
thorization status (including expiration dates) of individ-
uals and the work and residency eligibility information (in-
cluding expiration dates) with respect to individuals who 
are not citizens or nationals of the United States but are 
authorized to work in the United States. Such data shall 
incorporate the employment authorization information, 
processes and procedures maintained by the Department 
of Homeland Security for the operation of the Work Eligi-
bility Verification System, as established pursuant to sec-
tion 274A of the Immigration and Nationality Act (8 
U.S.C. 1324a), as amended by section 412. 
(c) OPERATION OF DATABASE.—The Commissioner 
shall maintain ongoing consultations with the Secretary 
of Homeland Security to ensure efficient and effective 
transfer and maintenance of the Database.