I 
112TH CONGRESS 
1ST SESSION 
H. R. 800 
To make the E–Verify program permanent, and to provide for penalties 
to enforce compliance with the program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 18, 2011 
Mr. CARTER (for himself, Mr. SHULER, Mr. MCINTYRE, and Mr. GOHMERT) 
introduced the following bill; which was referred to the Committee on 
Ways and Means, and in addition to the Committees on Education and 
the Workforce and the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To make the E–Verify program permanent, and to provide 
for penalties to enforce compliance with the program, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Jobs Recovery by En-
suring a Legal American Workforce Act of 2011’’. 
SEC. 2. E–VERIFY MADE PERMANENT AND MANDATORY. 
(a) PROGRAM MADE PERMANENT.—Section 401(b) 
of the Illegal Immigration Reform and Immigrant Respon-
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sibility Act of 1996 (8 U.S.C. 1324a note) is amended 
by adding before the period at the end of the last sentence 
the following: ‘‘, except that the basic pilot program de-
scribed in section 403(a) shall be a permanent program’’. 
(b) PROGRAM MADE MANDATORY.—Section 402 of 
such Act is amended— 
(1) in subsection (a) by inserting ‘‘or subsection 
(g)’’ after ‘‘in subsection (e)’’; 
(2) in subsection (e) by inserting after ‘‘require 
under this subsection’’ the following: ‘‘or under sub-
section (g)’’; and 
(3) by adding at the end the following: 
‘‘(g) E–VERIFY PROGRAM MADE MANDATORY.— 
Subject to subsection (c)(3), any person or other entity 
that conducts any hiring (or recruitment or referral) in 
a State in which the E–Verify program described under 
section 403(a) is operating shall elect to participate in 
such program. The Secretary of Homeland Security shall 
ensure that verification by means of a toll-free telephone 
line is an available option in complying with the preceding 
sentence.’’. 
(c) TRANSITION PERIOD; EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsection (b) 
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shall take effect beginning on the date that is 2 
years after the date of enactment of this Act. 
(2) 
CERTAIN
ENTITIES.—The 
amendments 
made by subsection (b) shall take effect beginning 
on the date that is— 
(A) 540 days after the date of enactment 
of this Act, in the case of a person or entity 
that employs 100 or more individuals in the 
United States; and 
(B) 1 year after the date of enactment of 
this Act, in the case of— 
(i) a contractor that— 
(I) has entered into a contract 
with the Federal Government to which 
section 2(b)(1) of the Service Contract 
Act of 1965 (41 U.S.C. 351(b)(1)) 
applies, and any subcontractor under 
such contract; or 
(II) has entered into a contract 
exempted from the application of such 
Act by section 6 of such Act (41 
U.S.C. 356), and any subcontractor 
under such contract; or 
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(ii) any person or entity that employs 
more than 250 individuals in the United 
States. 
(d) APPLICATION TO CURRENT EMPLOYEES.—Every 
person or entity that employs one or more persons in the 
United States shall verify through the E–Verify program 
by not later than the applicable effective date in (c) that 
each employee is authorized to work in the United States. 
(e) RULE
OF
CONSTRUCTION.—Nothing in the 
amendments made by this section shall be construed to 
prevent a person or other entity that is not required to 
participate in the E–Verify program described in section 
403(a) from voluntarily participating in such program. 
(f) NO LIMITATION ON PARTICIPATION BY STATE OR 
LOCAL LAW.—No State or local government may prohibit 
a person or other entity from using the E-verify program 
to verify the employment authorization of new hires or 
current employees. 
(g) DOCUMENT FRAUD STUDY.—The Government 
Accountability Office shall conduct a study to examine 
methods to combat document fraud, theft and forgery in 
the use and expansion of the E–Verify program. The re-
port shall make recommendations to the appropriate agen-
cies on ways to reduce instances of document fraud, theft, 
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and forgery. The report shall be published within six 
months after enactment of this Act. 
SEC. 3. ENHANCING MONITORING OF AND COMPLIANCE 
WITH E–VERIFY PROGRAM. 
The Secretary of the Department of Homeland Secu-
rity is authorized to take the following actions to increase 
the capability and effectiveness of the E–Verify employer 
Monitoring and Compliance team within the Citizenship 
and Immigration Services: 
(1) Increase by no more than 6 the number of 
fulltime employees dedicated to the development of 
thresholds and algorithms and quality assurance 
procedures for the monitoring of employer adherence 
to the conditions that are currently outlined in the 
E–Verify Memorandum of Understanding. 
(2) Increase as necessary the number of 
fulltime employees dedicated to outreach to employ-
ers using the E–Verify program and the creation of 
informational tools and corrective action procedures 
that will provide compliance assistance to these em-
ployers. These employees may also be utilized in the 
operation of the toll-free compliance assistance call 
center. 
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(3) Establish procedures for the identification 
of cases of potential fraud or misuse of the E–Verify 
program. 
(4) Establish procedures for the sharing of in-
formation on these selected cases with Immigration 
and Customs Enforcement for further investigation 
as necessary. 
(5) Report to the Congress within one year of 
the date of enactment of this Act on the activities 
of the Office of Monitoring and Compliance which 
shall include— 
(A) a description of the types of fraud and 
misuse being detected by the thresholds and al-
gorithms used for employee monitoring within 
the Office; 
(B) the number and type of cases flagged 
by the Office and referred to Immigration and 
Customs Enforcement, as well as the outcome 
of these cases; and 
(C) an assessment of the number and the 
nature of calls received by the compliance as-
sistance call center. 
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SEC. 4. MANDATORY NOTIFICATION OF SSN MISMATCHES 
AND MULTIPLE USES. 
(a) NOTIFICATION
OF MULTIPLE USES
OF INDI-
VIDUAL SOCIAL SECURITY ACCOUNT NUMBERS.—Prior to 
crediting any individual with concurrent wages from more 
than one employer, the Commissioner of Social Security 
shall notify the individual that wages from two or more 
employers are being reported under the individual’s social 
security account number (hereinafter in this Act referred 
to as ‘‘SSN’’). Such notice shall include, at a minimum— 
(1) the name and location of each employer re-
porting benefits for an individual; 
(2) a warning that any inaccuracies in this in-
formation could indicate that the individual’s SSN is 
being fraudulently used by another individual; 
(3) an explanation of any potential risk that an 
individual is subject to if his or her SSN has been 
used or is being used by someone else; and 
(4) a toll-free telephone number that an indi-
vidual may call to report inaccuracies in the use of 
their SSN. 
(b) INFORMATION SHARING WITH
THE DEPART-
MENT OF HOMELAND SECURITY.— 
(1) Not later than 180 days following the date 
of enactment of this Act, the Commissioner of Social 
Security shall promulgate regulations in accord with 
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section 1106 of the Social Security Act (42 U.S.C. 
1306), to require that information regarding all mul-
tiple use notifications that lead to the identification 
of an unauthorized user of a SSN be shared with 
the Secretary of the Department of Homeland Secu-
rity on a timely basis. 
(2) Information to be shared with the Secretary 
shall include, at a minimum, the name and mailing 
address of all employees who are the subject of an 
unresolved mismatch notification or who are unau-
thorized users of another individual’s SSN. The 
names and addresses of the employers of these em-
ployees must also be provided. 
(3) The Secretary shall report to the Congress 
annually the number of cases that the Commissioner 
of Social Security has shared with the Department 
of Homeland Security regarding unauthorized users 
of an SSN and the actions that have been taken to 
resolve these cases. The Secretary shall submit the 
first report to the Congress not later than 1 year 
after the date of enactment of this Act. 
(c) INFORMATION SHARING WITH THE STATES.— 
The Department of Homeland Security shall report to the 
agency within each State that administers unemployment 
benefits of jobs that have potentially been made available 
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by evidence of an employee being dismissed for non-con-
firmation through the E–Verify program. Such notifica-
tion shall include the name and address of the employer, 
a job description if available, and shall be made within 
3 business days of final non-confirmation. 
(d) INFORMATION SHARING WITH THE PUBLIC.— 
The Department of Homeland Security shall prominently 
display on the Internet home page of the E–Verify pro-
gram as ‘‘Recovered Jobs’’ the total number of jobs by 
month and year reported to the states under (c); and a 
link to the total number of jobs reported to each state 
by month and year. 
SEC. 5. PENALTY FOR FAILURE TO FILE CORRECT INFOR-
MATION RETURNS. 
(a) IN GENERAL.—Section 6721 of the Internal Rev-
enue Code of 1986 (26 U.S.C. 6721) is amended by add-
ing at the end the following: 
‘‘(g) 
MOST
EGREGIOUS
NONCOMPLIANT
EM-
PLOYER.—Notwithstanding any other provision of this 
section, in the case of a most egregious noncompliant em-
ployer, as designated for any taxable year by the Social 
Security Administration, the penalty for any failure de-
scribed in this subsection with respect to an information 
return with respect to such taxable year shall be the max-
imum allowable penalty under this section for such failure. 
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