retary of Homeland Security and the Secretary 
of Labor. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to design, implement, and 
maintain the Database. 
‘‘(c) GRADUAL IMPLEMENTATION.—The Commis-
sioner of Social Security, in coordination with the Sec-
retary of Homeland Security and the Secretary of Labor 
shall develop a plan to phase all workers into the Database 
and phase out the employer verification system established 
in section 274A over a period of time that the Commis-
sioner determines to be appropriate. 
‘‘(d) EMPLOYER RESPONSIBILITIES.—Each employer 
shall— 
‘‘(1) notify employees and prospective employ-
ees of the use of the System and that the System 
may be used for immigration enforcement purposes; 
‘‘(2) use— 
‘‘(A) a machine-readable document de-
scribed in subsection (a)(3)(B); or 
‘‘(B) the telephonic or electronic system to 
access the Database; 
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‘‘(3) provide, for each employee hired, the occu-
pation, metropolitan statistical area of employment, 
and annual compensation paid; 
‘‘(4) retain the code received indicating con-
firmation or nonconfirmation, for use in investiga-
tions described in section 212(n)(2); and 
‘‘(5) provide a copy of the employment 
verification receipt to such employees. 
‘‘(e) GOOD-FAITH COMPLIANCE.— 
‘‘(1) AFFIRMATIVE DEFENSE.—A person or en-
tity that establishes good faith compliance with the 
requirements of this section with respect to the em-
ployment of an individual in the United States has 
established an affirmative defense that the person or 
entity has not violated this section. 
‘‘(2) LIMITATION.—Paragraph (1) shall not 
apply if a person or entity engages in an unlawful 
immigration-related employment practice described 
in subsection (a)(7).’’. 
(b) INTERIM DIRECTIVE.—Before the implementa-
tion of the Employment Eligibility Confirmation System 
(referred to in this section as the ‘‘System’’) established 
under section 274E of the Immigration and Nationality 
Act, as added by subsection (a), the Commissioner of So-
cial Security, in coordination with the Secretary of Home-
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land Security, shall, to the maximum extent practicable, 
implement an interim system to confirm employment eligi-
bility that is consistent with the provisions of such section. 
(c) REPORTS.— 
(1) IN
GENERAL.—Not later than 3 months 
after the last day of the second year and of the third 
year that the System is in effect, the Comptroller 
General of the United States shall submit to the 
Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Rep-
resentatives a report on the System. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include— 
(A) an assessment of the impact of the 
System on the employment of unauthorized 
workers; 
(B) an assessment of the accuracy of the 
Employment Eligibility Database maintained by 
the Department of Homeland Security and So-
cial Security Administration databases, and 
timeliness and accuracy of responses from the 
Department of Homeland Security and the So-
cial Security Administration to employers; 
(C) an assessment of the privacy, confiden-
tiality, and system security of the System; 
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(D) assess whether the System is being im-
plemented in a nondiscriminatory manner; and 
(E) include recommendations on whether 
or not the System should be modified. 
SEC. 4. IMPROVED ENTRY AND EXIT DATA SYSTEM. 
Section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) 
is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(C), by striking ‘‘Jus-
tice’’ and inserting ‘‘Homeland Security’’; 
(B) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(6) collects the biometric machine-readable in-
formation from an alien’s visa or immigration-re-
lated document described in section 221(a)(3) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1201(a)(3)) at the time an alien arrives in the 
United States and at the time an alien departs from 
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the United States to determine if such alien is enter-
ing, or is present in, the United States unlawfully.’’; 
and 
(3) in subsection (f)(1), by striking ‘‘Depart-
ments of Justice and State’’ and inserting ‘‘Depart-
ment of Homeland Security and the Department of 
State’’. 
SEC. 5. PROTECTION OF EMPLOYMENT RIGHTS OF H2B 
WORKERS. 
The Secretary and the Secretary of Homeland Secu-
rity shall establish a process under which a nonimmigrant 
worker described in section 101(a)(15)(H)(ii)(b) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(b)) who files a nonfrivolous complaint 
regarding a violation of this Act or the amendments made 
by this Act and is otherwise eligible to remain and work 
in the United States may be allowed to seek other appro-
priate employment in the United States with an employer 
for a period not to exceed the maximum period of stay 
authorized for that nonimmigrant classification. 
SEC. 6. INCREASED FINES FOR PROHIBITED BEHAVIOR. 
Section 274B(g)(2)(B)(iv) of the Immigration and 
Nationality Act (8 U.S.C. 1324b(g)(2)(B)(iv)) is amend-
ed— 
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