‘‘(8) The system shall require that verification 
be accomplished by employers after a job offer has 
been made and accepted, but can be prior to the 
commencement of work. 
‘‘(9) The system shall require that verification 
be performed by enrolled employers or certified 
agents using technologies approved pursuant to 
paragraph (1) such that a secure identity and identi-
fying information are screened against the databases 
of all enrolled individuals. 
‘‘(10) Employers shall be permitted to attest to 
compliance with this section for employees by use of 
any electronic program so long as such program— 
‘‘(A) allows the employer to complete such 
attestation and the verification of employment 
eligibility in a single transaction; 
‘‘(B) is compatible and interoperable with 
the system; and 
‘‘(C) keeps an electronic record of attesta-
tion by employers and employees without re-
quiring additional paper-based forms as part of 
the record that is retained in a manner that is 
accessible to the Secretary of Homeland Secu-
rity for inspection and audit purposes. 
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‘‘(11) Employers that elect participation in the 
system shall arrange and pay a reasonable fee di-
rectly related to cost of the enrollment of any em-
ployee requiring verification who has not previously 
enrolled with the Secretary or a certified provider. 
‘‘(12) Employers shall not be permitted to se-
lectively use the system for any class level or cat-
egory of employee, but can implement the system at 
selected locations without implementing it at all lo-
cations. 
‘‘(13) Enrolled individuals shall be permitted to 
access the system to verify their own employment 
authorization and shall be provided with readily 
available processes to correct and update their en-
rollment and employment authorization information. 
‘‘(14) Review, challenge, and anti-discrimina-
tion protections regarding the verification responses 
and their uses from the system shall provide the 
same level of rights and protections to employees as 
those afforded under section 403. 
‘‘(15) Employers shall be permitted to make 
employment decisions in reliance on the employment 
authorization information provided by the system in 
the same manner as provided under section 402. 
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‘‘(16) Employers shall be immune from liability 
under this section for all locations in which the sys-
tem is operated for all employment decisions made 
in accordance with the procedures established for 
use of the system, provided that the system is used 
in accordance with its requirements and employment 
decisions are not made contrary to the authorization 
responses received. 
‘‘(17) No data stored pursuant to the system 
shall be accessible to any person other than those 
operating the system to verify employment without 
the written consent of each enrolled individual given 
specifically for each instance of disclosure or in re-
sponse to a warrant issued on the basis of probable 
cause issued by a judicial authority in a criminal 
proceeding.’’. 
SEC. 3. ENHANCEMENT OF FEDERAL PREEMPTION STAND-
ARDS. 
Section 274A(h)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(h)(2)) is amended to read as 
follows: 
‘‘(2) PREEMPTION.—No State or local govern-
ment law or contract shall— 
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‘‘(A) impose civil or criminal sanctions 
upon employers who employ or otherwise do 
business with unauthorized aliens; 
‘‘(B) prohibit, require, authorize or permit 
a system of verification of the authorization of 
employees or employment applicants to accept 
employment except as explicitly authorized by 
Federal law; 
‘‘(C) require, authorize, or permit the use 
of a federally mandated employment verification 
system for any other purpose other than re-
quired by Federal law, including obtaining or 
retaining a business or other license provided by 
the unit of government; and 
‘‘(D) require employers to use an employ-
ment verification system for any purpose, ex-
cept as required by Federal law, including with-
out limitation such purposes as— 
‘‘(i) a condition of receiving a govern-
ment contract; 
‘‘(ii) a condition of receiving a busi-
ness license; or 
‘‘(iii) the basis of assessing a pen-
alty.’’. 
Æ 
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